Laws and regulations surrounding employment are constantly changing. For a small business, trying to keep up can be difficult. Search for “compliance support NY” to find an expert who can educate on and navigate constantly updating federal and state laws and regulations.

Charles Newman Co. has been providing compliance support for decades. We provide knowledgeable compliance officers and other tools and resources. Charles Newman Co. can help you stay on top of any changes that can impact your company.

FMLA

The Federal Medical Leave Act, commonly called FMLA, is arguably one of the more important laws with which an employer should be familiar. Enacted in 1993 by Bill Clinton, FMLA covers eligible employees for unpaid leave for medical reasons, while maintaining job protection and health insurance coverage.

FMLA provides leave for 12 weeks in a rolling 12 month period for covered conditions. Those conditions consist of the birth and care of a child within the first year of birth. It also covers care and the adoption or foster placement within one year of placement.

FMLA will also cover the leave to care for the spouse, child, or parent of the employee who has a serious medical condition. The employee is also covered if they have a serious health condition that makes them unable to perform the “essential functions” of their employment. In the event that the covered person is a servicemember the number of weeks is expanded to 26 weeks.

ERISA

ERISA, enacted in 1974, stands for the Employee Retirement Income Security Act. It sets minimum private industry standards for retirement and health plans. It exists with the intention to protect the individuals enrolled in these plans.

Employers must provide access to plan information, such as funding and plan features. It also provides fiduciary responsibilities to those in charge of these plans and requires an established grievance and appeals process. ERISA also allows participants to sue in the event of a breach of duty.

There are two important amendments to ERISA which further protect the employees’ access to health coverage or benefits. The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows for access to health insurance for a period of time after a job loss. While the Health Insurance Portability and Accountability Act (HIPAA) protects against discrimination resulting from an individual’s health conditions.

It is important to note that ERISA does not cover those plans overseen by governmental entities, for church employees, workers compensation, unemployment, or disability laws. ERISA does not cover plans outside the United States.