HR Consulting FAQs
Some of our most frequently asked HR Consulting questions:
What is FMLA leave?
The Family Medical Leave Act of 1993 requires employers to grant up to 12 weeks of unpaid leave in the event of a serious health condition. The purpose is to enable the employee to attend to the serious health condition of the employee’s spouse, children under the age of 18 (or older if certified as incapable of self-care because of a mental or physical disability), parents, or the employee themselves. Eligibility does not include parents-in-law. The FMLA provides for 12 to 26 weeks of unpaid leave for military families. To be eligible, you must have been employed for at least one year and have worked for 1250 hours over the past 12 months. At the end of the FMLA leave, you have the right to be restored to your original position or a position with equal employment terms, pay, and benefits.
What is a qualifying life event?
Qualifying life events refer to specific circumstances that trigger Special Enrollment Period eligibility for health care coverage. Strict guidelines determine exactly what qualifies as a life event. Some include marriage, divorce, or having a child. Involuntarily losing previously held health insurance also qualifies as a qualifying life event. Other events may also qualify. See your summary plan description for details.
What is a Highly Compensated Employee (HCE)?
A highly compensated employee (HCE) is an individual with more than 5% ownership in a company or one who makes more than $120,000 per year (in 2015).
Are employees with disabilities protected from employment discrimination?
Employment discrimination against “qualified individuals with disabilities” is prohibited by law. This includes applicants for employment and employees. An individual is considered to have a “disability” if she or he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as being impaired. Persons discriminated against because they have a known association or relationship with an individual with a disability may also be protected.
The impairment must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, and performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, non-chronic condition of short duration generally is not covered.