"In the Guidance, the [DOL] explains that a mental health condition can constitute a 'serious health condition' under the FMLA when the condition requires either [1] inpatient care or [2] continuing treatment by a health care provider.... The Guidance also clarifies that that a parent may use FMLA leave to care for a child that is 18 years old or older if the child is incapable of self-care and the mental health condition qualifies as a disability under the Americans with Disabilities Act (ADA)."  MORE >>

"The PCORI fee generally applies only to major medical plans and health reimbursement arrangements (HRAs).... The PCORI fee does not apply to dental and vision coverage that are excepted benefits ... The PCORI fee also does not apply to health FSAs (which must be an excepted benefit to comply with the ACA) or HSAs (which are not a group health plan)."  MORE >>

"While the [Health Workplaces Act (HWA)] affords employers the option to frontload or accrue ESL, an employer opting for the ease of frontloading must provide all employees (full-time, part-time, temporary and seasonal) with the full allotment of 64 hours on July 1, 2022. Further, any leave that an employer provided to its employees since Jan. 1, 2022, under an existing PTO or paid sick leave does not satisfy the HWA even if it was used for a purpose covered by the Act or if it remains unused."  MORE >>

"[The court] clarified that the FMLA 'does not require an actual denial of FMLA benefits' for a violation of the FMLA to occur. Instead, an employer violates an employee's FMLA rights when it denies, interferes with, or restrains the employee's exercise or attempt to exercise such rights." [Zicarelli v. Dart, No. 19-3435 (7th Cir. Jun. 1, 2022)]  MORE >>

"[T]rain your managers on how to effectively and lawfully manage leaves of absence ... Included in this training, of course, should be a stern warning against any stray comments about an employee's medical leave, including any whiff of comments that an employee would be disciplined for using FMLA leave in the future. Investing a couple hundred bucks now to conduct effective FMLA training will literally save you hundreds of thousands when the real life situation presents itself." [Zicarelli v. Dart, No. 19-3435 (7th Cir. Jun. 1, 2022)]  MORE >>

"[1] Employers can choose a lower limit than max ... [2] Employers can contribute to employees' Health FSAs ... [3] Employers can limit the risk of forfeiture ... [4] Employers determine the plan year ... [5] Employers choose what to do with forfeited balances."  MORE >>

"Employers should be rethinking how wellness incentives can drive health outcomes rather than simple participation. Creating this bond require a skillful translation of health behavior theory to application and a defined wellness strategy."  MORE >>

"[N]early all respondents who sought mental health care for themselves or someone within their household over the past 2 years received treatment, and 3 in 4 insured Americans (73%) found it easy to get the care they needed. More than two-thirds of respondents were able to find an appointment with a provider in less than a month."  MORE >>

"[T]he proposed regulations do not appear to impact, or result in any changes to, the employer mandate or employer reporting obligations, in that the regulations impact only the affordability determination for dependents, rather than employees. [The Council urges] Treasury and the IRS, in finalizing the regulations, to be very deliberate in avoiding any impacts or changes under those provisions and to state explicitly in the preamble that the regulations are not intended to, and do not impact, the employer mandate or employer reporting provisions."  MORE >>

"[The Council is] writing to request that Treasury and the IRS publish official guidance affirming that the 100% excise tax under Internal Revenue Code Section 4976 does not apply to an employer's reallocation or repurposing of surplus welfare benefit fund assets to provide other health and welfare benefits to employees."  MORE >>