Mid-Term Benefits

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12/12/12

Midterm

FMLA 1993

The Family and Medical Leave Act became effective in 1993. This Act requires that all covered employers must allow all eligible employees an unpaid leave of absence for up to 12 workweeks in a 12-month period for any of the following reasons: The birth of a child or to care for a newborn

The adoption or foster of a newly placed child in employees home The care of an immediate family member with an illness or a chronic condition.

The Act also provides a general definition of serious health condition. The intermittent or reduced leave is allowed up to 12 week cap.

It is one of the important benefits the employer can offer. It protects the employee’s job due to family members’ serious health condition or the employee’s chronic illness.

The FMLA applies to private employers with at least 50 employees and all public employers, and their employees that have worked for at least twelve months and at least 1,250 hours in the past 12 months. Under the FMLA, employers are required to give eligible employees up to twelve weeks of consecutive — or in some circumstances intermittent — unpaid sick leave. FMLA was designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

The Health Insurance Portability and Accountability Act of 1996, otherwise known as HIPAA, was created by the federal government to promote the portability of health insurance and to protect against fraud and abuse. The law also included provisions aimed at improving the efficiency of health care. These provisions promote the use of electronic transactions (e.g. claims) while protecting the privacy and security of health information.

For patients, HIPAA reduces the chance for inappropriate use and disclosure of information related to patient care. Patients gain an understanding of the ways in which health care organizations use and disclose their personal information. Patients also learn about their rights regarding those uses and disclosures. The health care industry as a whole benefits from the increased use of electronic transactions and from the existence of minimum standards for protecting patient information.

NLRB 1935

In 1974, Congress amended the National Labor Relations Act (“NLRA” or “Act”) to establish the new category of employer called “health care institutions”, which was defined to include “any hospital, convalescent hospital, health maintenance organization, health clinic, nursing home, extended care facility, or other institution devoted to the care of sick, and for an aged person(s).”1 Previously, non-profit hospitals had been excluded by statute from the definition of “employer” under the Act,2 and the National Labor Relations Board had exercised jurisdiction only over proprietary hospitals and nursing homes.

ERISA 1974
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for pension plans in private industry. ERISA does not require any employer to establish a pension plan. It only requires that those who establish plans must meet certain minimum standards. The law generally does not specify how much money a participant must be paid as a benefit. ERISA requires plans to regularly provide participants with information about the plan including information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; requires accountability of plan fiduciaries; and gives participants the right to sue for benefits and breaches of fiduciary duty. ERISA also guarantees payment of certain benefits through the Pension Benefit Guaranty Corporation, a federally chartered corporation, if a defined plan is terminated. The Department of Labor’s (DOL) Employee Benefits Security...
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