BAS Blog


 

Unlimited Vacation Policies

Some employers are moving away from the standard vacation-day allotment and moving toward more flexible paid-time-off (PTO) policies. Under traditional vacation policies, employees are awarded or accrue vacation days based on a formula or seniority. Under a flexible (unlimited) PTO policy, salaried employees are generally allowed to take as much PTO as they choose, so long as they get the job done.

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Question of the Week

Q.- We offer a Dependent Day Care Flexible Spending Account Plan. An employee contributed to the plan, anticipating to use the full expense for her child’s summer camp. The employee terminated in May, before camp started. Can she be reimbursed for the camp expenses that are incurred after her termination of employment?

A.- It depends on the terms of your plan. A Dependent Day Care FSA may be structured to allow reimbursement of eligible expenses incurred after termination of employment, through the end of the plan year.  To be eligible for reimbursement, the camp expense must still be incurred in order for the individual to work or look for work.
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ACA Still Law of the Land

After the American Health Care Act failed to pass (or even be called to vote) in Congress, the Affordable Care Act remains the law of the land. Therefore, Applicable Large Employers must continue to offer affordable health coverage to their full-time employees or face tax penalties.

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Important Update     MyEnroll.com Enhancements

We are pleased to announce the first of several phases of enhancements to MyEnroll.com. 

The first phase goes into production at approximately 9:00 PM EDT, April 25, 2017.

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Question of the Week

Q.- We offer health coverage to our employees, but some employees do not return the form indicating that they “waived” coverage. Does ACA require us to get a written waiver of coverage?  What if we use electronic enrollment, but the employee doesn’t elect Medical and then does not complete the enrollment process?

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Anti-Harassment Training

Harassment is unwelcome conduct based on race, color, religion, sex (including pregnancy), national origin, age, disability or genetic information.  Employers must be concerned with harassment because it can be a form of employment discrimination in violation of the Civil Rights Act, Age Discrimination in Employment Act or Americans with Disabilities Act.

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Tax Return Individual Mandate Disclosure

The IRS has quietly announced that it will not reject income tax returns of individuals who do not disclose if they have health insurance. Beginning with the 2015 income tax returns, individuals were required to check a box on the line labeled- Health care, individual responsibility – to indicate full year health coverage or not (line 61 of IRS Form 1040 and line 11 of IRS Form 1040-EZ).  The IRS has said that it will not reject income tax returns that do not have an answer in this box.

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Question of the Week

Q.- We have a calendar year health FSA, but our medical plan runs 7/1 through 6/30. Can we shorten our health FSA to end 6/30 to align the medical plan and FSA?

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Lie Detector Tests

The Employee Polygraph Protection Act of 1988 (EPPA) prohibits most private employers from using lie detector tests for pre-employment screening or during employment. Employers cannot ask about the results of a lie detector test or fire or discriminate against an employee or job applicant based on the results of a test.

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New Summary of Benefits and Coverage

Under Health Care Reform, insurers and plan sponsors must distribute a Summary of Benefits and Coverage (SBC) to plan participants each year. The SBC requirement was not overturned as part of the U.S. House of Representatives ACA replacement bill.

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Question of the Week

Q.- An employee punched his supervisor and we fired him.  Do we have to offer him and his family the right to continue health coverage under COBRA?

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Health Savings Accounts

Many employers are encouraging increased use of Health Savings Accounts (HSAs).  Employers should understand HSAs to be able to explain them to their employees.

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Marketplace Health Exchange Stabilization

The Centers for Medicare and Medicaid Services (CMS) issued proposed rules that would govern Health Care Exchanges (the Marketplace).  These rules do the following: 

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