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The Employer E-Letter: Labor and Employment Law News from the Duluth, Minnesota law firm of
Hanft Fride, A Professional Association.
Editor, Kathleen S. Bray, ksb@hanftlaw.com or 218.529.2427.
Please feel free to forward this e-mail or share it with others. If there are other topics of interest to you or any other suggestions concerning this newsletter, please let us know.
HAPPY NEW YEAR AND BEST WISHES FOR A SUCCESSFUL 2007!
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THIS MONTH'S TOPICS:
- REVISED EEO-1 REPORTING REQUIREMENTS FOR 2007
- WORKERS' COMPENSATION VOCATIONAL REHABILITATION ASSISTANCE AFTER TERMINATION OR LAYOFF
- BENEFITS AVAILABLE TO EMPLOYEES WHILE ON FMLA LEAVE
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REVISED EEO-1 REPORTING REQUIREMENTS FOR 2007
The annual EEO-1 report, or "Employer Information Report," must be filed with the EEOC by September 30, 2007. The EEO-1 Report documents the number of employees by job category, and then by ethnicity, race and gender. This year, those employers required to file the report must become acquainted with the new reporting requirements.
Employers who are required to file the EEO-1 report include employers with federal government contracts of $50,000 or more and 50 or more employees; and employers who do not have a federal government contract but have 100 or more employees. The report evaluates employee status and numbers from any pay period in July through September. Employers are strongly urged to use the online filing system through the EEOC's website, and paper filing will be considered the exception.
The changes to the EEO-1 report form concern the race and ethnic categories, as well as the job categories. Regarding the race and ethnic categories, the changes include:
- adds a new category titled "Two or more races"
- divides "Asian or Pacific Islander" into two separate categories: "Asian" and "Native Hawaiian or other Pacific Islander"
- renames "Black" as "Black or African American"
- renames "Hispanic" as "Hispanic or Latino"
- strongly endorses self-identification of race and ethnic categories, as opposed to visual identification by employers
Regarding the job categories, the changes include:
- The current category of "Officials and Managers" will be divided into two levels based on responsibility and influence within the organization.
- Executive/Senior Level Officials and Managers (plan, direct and formulate policy, set strategy and provide overall direction; in larger organizations, within two reporting levels of CEO)
- First/Mid-Level Officials and Managers (direct implementation or operations within specific parameters set by Executive/Senior Level Officials and Managers; oversee day-to-day operations)
- Business and financial occupations will move from the Officials and Managers category to the Professionals category (to improve data for analyzing trends in mobility of minorities and women within Officials and Managers).
*The instructions on how to file the EEO-1 report can be found at: www.eeoc.gov/eeo1survey/index.html.
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WORKERS' COMPENSATION VOCATIONAL REHABILITATION ASSISTANCE AFTER TERMINATION OR LAYOFF
In Minnesota, if an employee who has suffered a work injury is terminated or laid off from their job, they may be eligible for vocational rehabilitation services. An employee is eligible for rehabilitation services if the work injury or effects of it substantially contribute to an impairment of the employee's earning capacity. Whether the employee is entitled to ongoing temporary total or temporary partial disability benefits may be affected by the reasons for the termination or layoff, but if an employee has restrictions related to a work injury that affect options for employment, some form of vocational rehabilitation services is usually required.
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BENEFITS AVAILABLE TO EMPLOYEES WHILE ON FMLA LEAVE
An employee taking leave under the Family Medical Leave Act (FMLA) must continue to receive group health insurance coverage on the same terms as if the employee were actively working. If the employee shared in paying the premium while working, the employee would be responsible for his or her share of the premium while on FMLA leave, as well, and the employee must make arrangements for those payments while on leave even if the leave is fully unpaid.
If the employee decides not to return to work at the end of his or her FMLA leave, once that intention is expressed, the employer's obligation to maintain the group health benefits under the FMLA leave stops. Similarly, the obligation to maintain group health coverage under the FMLA stops if the employee does not return to work at the end of his or her FMLA leave.
The employee must pay his or her share of the insurance premium in a timely manner while on leave. If the payment is more than 30 days late, and the employer has given the employee written notice at least 15 days in advance of suspending coverage, the employer may stop providing group health insurance coverage under the FMLA leave, as well.
Other than the group health insurance benefit, the employer is not obligated to maintain benefits for the employee while he or she is on unpaid FMLA leave. This includes cash payments the employee chose to receive in lieu of group health insurance coverage. An employer may always reach an agreement with an employee on FMLA leave to maintain other benefits, so as not to jeopardize the employee's eligibility for those benefits, but there is no obligation for the employer to do so.
PRACTICE TIP: Most important is consistency – an employer should treat all employees on unpaid leaves the same, and not selectively or arbitrarily determine what optional benefits will be maintained for which employees. Determine the policy for treatment of benefits while on FMLA or other unpaid leaves in advance, and apply it consistently.
The U.S. Department of Labor's website has many helpful resources and information sheets concerning the Family Medical Leave Act: www.dol.gov/dol/topic/benefits-leave/fmla.htm
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Hanft Fride's business and trial lawyers are located at 1000 U.S. Bank Place, in Duluth Minnesota. Visit our website at www.hanftlaw.com. In addition to general information on the firm and our attorneys, you can find past issues of this newsletter. Keep checking back for new information, and let us know if there is anything you would like to see added to the site that would help you and your organization.
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The information provided in this E-letter is general in nature and should not be used as a substitute for professional services and advice. The communication and receipt of this information is not intended to create an attorney-client relationship. Readers should consult with their legal counsel before taking any action on matters covered in this E-letter.
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To subscribe or unsubscribe to Employment Express, e-mail your request to Kathleen S. Bray, ksb@hanftlaw.com or call 218-722-4766.
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Copyright 2006 by Hanft Fride, P.A. All rights reserved. Hanft Fride, A Professional Association, 1000 U.S. Bank Place, 130 W. Superior Street, Duluth, MN 55802. Phone 218-722-4766; fax 218-529-2401.
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