Tag: Spouse

Question: If a spouse loses coverage under his plan due to nonpayment, is this a qualifying event to permit a mid-year enrollment for our employee to add the spouse? Answer: We are operating under the assumption that your plan specifically provides for mid-year election changes under Section 125 and that your plan documents specifically provide…

Question: Are there any differences in paternal and maternal baby bonding requirements under the Family and Medical Leave Act (FMLA)? Answer: Both parents are entitled to Family and Medical Leave Act (FMLA) leave for the birth or placement of a child for up to 12 workweeks. As such: Both parents are entitled to FMLA leave…

Question: How do we certify a serious health condition for a spouse who is pregnant and not our employee when the husband seeks leave under the Family and Medical Leave Act (FMLA)? Answer: An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family…

by Dana Barbato, SPHR, ThinkHR On June 20, 2014, the U.S. Department of Labor announced a proposed rule that would extend the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriage in light of the United States Supreme Court’s decision in United States vs. Windsor, which found…

Question: Is it sufficient notification to exclude spousal health coverage if an employer has language in the handbook stating that spouses will not be covered under the health plan? Answer: In order for a “spousal carve-out” to be enforced, it should be outlined in the official benefit plan documents. It is certainly permissible to summarize…