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Health & Welfare Plans Newsletter

April 16, 2021

5 Jobs Today


[Guidance Overview]

Is an Asymptomatic COVID-19 Positive Employee Eligible for FMLA Leave?

"If an employee tests positive for COVID-19 -- and even if they are asymptomatic -- you should recognize ... a potential need for FMLA leave.... When the employee tests positive and must quarantine, even if asymptomatic, send the Notice of Eligibility and medical certification to be completed by the health care provider." [Payne v. Woods Services Medical Practice Group, No. 20-4651 (E.D. Penn. Feb. 16, 2021)]  MORE >>

FMLA Insights

[Guidance Overview]

Which Is Better: Dependent Care FSA or the Tax Credit?

"In considering whether to increase the dependent care FSA limit for 2021 only, ... employers should consider: [1] How many employees participate in the dependent care FSA ... [2] Would increasing the dependent care FSA limit cause the plan to fail nondiscrimination testing ... [3] Are there any potential system issues related to the mid-year dependent care FSA increase that might make the increase impractical?"  MORE >>


[Guidance Overview]

The Combination Health FSA

"Coverage under a general purpose health FSA for the employee or spouse is disqualifying coverage for both individuals.... Coverage under a limited purpose health FSA does not block HSA eligibility because it does not reimburse non-preventive medical expenses."  MORE >>

ABD Insurance & Financial Services


Lawsuit Threatens No-Charge Preventive Care for Millions

"The plaintiffs cite religious and free-market objections to the ACA requirement in their class action suit against the government seeking to halt enforcement of the requirement." [Kelley v. Azar, No. 20-283 (N.D. Tex. Feb. 25, 2021)]  MORE >>

Kaiser Health News


Michigan Joins Coalition in Defending States' Rights to Regulate Health Insurance and Protect Consumers

"The coalition filed [a] brief in ... a case that challenged the [DOL's] conclusion that a scheme-under which users obtain health insurance in exchange for sharing data as they browse the internet-failed to qualify as an 'employee benefit plan' under [ERISA]."  MORE >>

Employee Benefits Jobs

View job as Senior Pension Administrator
for Primark Benefits Senior Pension Administrator

Primark Benefits

Telecommute / Burlingame CA

View job as Senior Pension Administrator
for Primark Benefits

View job as Retirement Plan Administrator
for My Benefits, LLC Retirement Plan Administrator

My Benefits, LLC

Telecommute / Daphne AL / Atlantic Beach FL

View job as Retirement Plan Administrator
for My Benefits, LLC

View job as Defined Benefit Consultant
for Ascensus Defined Benefit Consultant



View job as Sr. DB Plan Administrator
for Nyhart, part of FuturePlan by Ascensus Sr. DB Plan Administrator

Nyhart, part of FuturePlan by Ascensus

Telecommute / CA

View job as Pension Analyst
for My Benefits, LLC Pension Analyst

My Benefits, LLC

Daphne AL

Webcasts and Conferences
(Health & Welfare Plans)

ARPA Benefits Compliance Updates and FAQ, Part 3


NFP Corp.

Last Issue's Most Popular Items

Overview of New DOL Guidance for the COBRA Subsidy Mandate, Including New Notice Requirements

Foley & Lardner LLP

HIPAA, Business Associates, and the Conduit Exception

Holland & Hart LLP

District Court Rules Plans Must Cover Specific Therapies to Comply with Mental Health Parity Rule


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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.

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