logo logo

Trusted Since 1995

Health & Welfare Plans Newsletter

October 31, 2023

5 New Job Opportunities 5 New Job Opportunities


[Guidance Overview]

California Expands Paid Sick Leave to Five Days Per Year

"Effective January 1, 2024, California employers must begin providing eligible employees with at least five days or 40 hours of paid sick leave, increased from the previous minimum of three days or 24 hours.... [M]ost employers have implemented a practice of requiring a doctor's note only after the third day of leave. With SB 616, employers may now need to wait until after the fifth day of an employee's paid sick leave to ask for any kind of substantiation."  MORE >>

McDermott Will & Emery

[Guidance Overview]

Additional Guidance on Requirements of the Illinois Paid Leave for All Workers Act

"[If] employers intend to charge time required under the Act to an existing vacation or PTO policy, they should amend their existing policy to expressly state that they are doing so. ... [U]nder certain circumstances, an employer can deny an employee use of paid leave under the Act.... [R]easons for denying such leave may be limited to operational and safety concerns. ... [An] employee covered under the Act is entitled to use paid leave under the Act before using unpaid leave under any employer policy or other state law."  MORE >>

Michael Best

[Guidance Overview]

Massachusetts Department of Paid Family and Medical Leave Revises Guidance on Topping Off Benefits with Accrued Paid Leave

"[S]tarting November 1, 2023, employees who apply for PFML benefits directly through the state program will be able to supplement or 'top off' their PFML benefits with their employer- provided accrued paid leave, such as PTO.... [E]mployers and employees do not need to (and should not) report any topping-off of benefits to the DFML; employers are responsible for managing any payments made to employees ... and the DFML will not get involved with managing any potential overpayments to employees resulting from these top-offs."  MORE >>

Ogletree Deakins

Fourth Circuit Holds That Surcharge Is Not Equitable Relief Available Under ERISA But Paves the Way for Unjust Enrichment Claims

"The Fourth Circuit unsurprisingly held that ERISA Section 502(a)(1)(B) limits recovery to benefits due under the terms of a plan ... The court's discussion of the Section 502(a)(3) claim was not so straight-forward, however, and ultimately much more important. The Fourth Circuit held that Section 502(a)(3), which expressly permits only 'appropriate equitable relief,' does allow some forms of monetary relief (traditionally thought of as legal, and not equitable), but prohibits others." [Rose v. PSA Airlines, Inc., No. 21-2207 (4th Cir. Sep. 11, 2023)]  MORE >>

Faegre Drinker

Third Circuit Denies Petition for Mandamus Relief from District Court's Appointment of Special Master to Review Hartford's Denial of Disability Benefits

"The Third Circuit explained that though the appointment of a Special Master is 'unusual,' the district court appointed her to reinforce its determination that Hartford has a structural conflict and abused its discretion, justifying a remand to Hartford for full consideration of whether Lewis is disabled." [Lewis v. Hartford Life & Accident Ins. Co., No. 23-2431 (3d Cir. Oct. 26, 2023)]   MORE >>

Roberts Disability Law

Drug Copay Accumulator Programs: A Many-Sided Argument

"If the government (HHS) does not appeal this decision, then it's possible that a prior version of their regulation will be back in effect, under which plans and issuers will only be able to use copay accumulators for branded drugs if the drug has an available and medically appropriate generic equivalent, and for fully-insured plans if permitted under state law. And in that case, there's an unresolved HSA/HDHP compliance issue to address." [HIV and Hepatitis Policy Inst. v. HHS, No. 22-2604 (D.D.C. Sep. 29, 2023)]  MORE >>


Mandated Paid Leave and Other State Law Trends to Watch in 2024

"Current trends include securing paid leave for family bereavement, miscarriage or other pregnancy loss, and organ donation. These laws require extensive administration, coordination and communication, especially for multistate employers and those with established employer-provided paid leave policies."  MORE >>


Washington's Family, Medical Leave Rates to Drop Slightly in 2024

"Beginning Jan. 1, the premium rate will drop to 0.74% from this year's rate of 0.8% ... In 2022, the rate was 0.6%. The percentage is based on an employee's total gross wages excepting tips."  MORE >>

Big Country News

Employers Eye Deductible-Free Plans

"In 2023, 15% of organizations are offering some employees no-cost health plans, and 18% are using salary-based contributions. Around 4 in 10 employers offer a medical plan with low or no deductible."  MORE >>

Becker's Payer Issues

Employee Benefits Jobs

View job as Manager, Defined Contribution Plans
            for M2B Retirement Consulting LLC

Manager, Defined Contribution Plans

M2B Retirement Consulting LLC

Remote / PA

View job as Manager, Defined Contribution Plans for M2B Retirement Consulting LLC

View job as Sales Consultant
            for The Pension Source

Sales Consultant

The Pension Source

Remote / Stuart FL / Hybrid

View job as Sales Consultant for The Pension Source

View job as Pension Plan Administrator
            for DeMars Pension Consulting Services, Inc.

Pension Plan Administrator

DeMars Pension Consulting Services, Inc.

Remote / Overland Park KS / Hybrid

View job as Pension Plan Administrator for DeMars Pension Consulting Services, Inc.

View job as VP, General Manager (Retirement)
            for HowardSimon (Strongpoint Partners)

VP, General Manager (Retirement)

HowardSimon (Strongpoint Partners)

Deerfield IL / Hybrid

View job as VP, General Manager (Retirement) for HowardSimon (Strongpoint Partners)

View job as PensionPro Expert
            for Nova 401(k) Associates

PensionPro Expert

Nova 401(k) Associates


View job as PensionPro Expert for Nova 401(k) Associates

Last Issue's Most Popular Items

Deep Dive: Gag Clause Prohibition and Attestations (PDF)

MZQ Consulting LLC

2024 ACA Reporting Deadlines and Compliance Requirements


Cybersecurity Triggers a New Paradigm in Vendor Monitoring

Roland Criss

Unsubscribe  |   Change Email Address

Search Past Issues   |   Privacy Policy

Submit an Article   |   Contact Us   |   Advertise Here

Copyright 2023, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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

Links to web sites other than and are offered as a service to our readers. We are not involved in their production and are not responsible for their content.