acolemacx Human Resources, Uncategorized

5 Proposed Regulations to the New York Paid Family Leave Law

The New York State Worker’s Compensation Board issued five proposed regulations on May 24, 2017, for organizations to incorporate, when implementing the New York Paid Family Leave requirements on January 1, 2018.  The initial regulations were published on February 22, 2017 and included a comment period.  The new regulations released on May 24, 2017 will have a 30-day comment period.

Below are 5 proposed regulation changes:

  1. An employee using intermittent leave must give the employer separate notice each day of use of the Paid Family Leave. Previous language stated that employees only needed to provide notice once to employers when using intermittent leave, which was inconsistent with the FMLA rules.

 

  1. Collective bargaining language must provide benefits as favorable as the Paid Family Leave law, including the length of leave and amount of pay. This section is still evolving and negotiated language can include the union responsibility for time records and pay deductions.  This has not been finalized and more changes will come to this section.

 

  1. Paid Family Leave language has been clarified that the eligibility of employees working 20-hours or more per week is measured based on the number of weeks in employment, which must be at least 26-weeks. Employees who work less than 20-hours per week is measured in days, which must be at least 175 working days.      

 

  1. The Worker’s Compensation Board clarified the July 1, 2017 deductions language. The employer can start taking payroll deductions on July 1, 2017, but cannot take deductions more than the maximum weekly contribution to retroactively cover the cost of providing Paid Family Leave.  The reason for early deductions is to offset the cost of acquiring the mandated insurance policy.

 

  1. The Worker’s Compensation Board issued additional guidance on accrued leave running concurrently with Paid Family Leave. The complexity of this language and requirements is related to accrued leave is still being drafted.  Further clarification is needed from the Board on the concurrent and accrued requirements, which include; FMLA, worker’s comp, and disability.  More updates to come on this proposed language.

Now is the time to begin reviewing, drafting, updating and revising policies and procedures related to FMLA and Paid Family Leave.  January 1, 2018 is only six short months away.  Continue to monitor for updates and changes to the proposed language.  If you are confused, ask questions and do not assume.  This law is very complex, it continues to change as concerns arise and the implementation will impact most organizations throughout New York State.

 

New York State Paid Family Leave Website

 

Additional Information:

[i]

 

Employers Providing Pawternity Leave to Employee’s (End on a Positive)

  

 

– Matthew Burr, HR Consultant

[i] Guardian PPT Training Slides

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Human Resources, Training & Development, Uncategorized

4 Updates on The Strengthening Career and Technical Education for the 21st Century Act

Progress is being made.  On May 17, 2017, the House Education and the Workforce Committee voted unanimously to move The Strengthening Career and Technical Education for the 21st Century Act forward.  This new act “would provide federal funds to increase access to career and technical education (CTE) and, in particular, to extend such access to more students from disadvantaged communities.”[i]  As businesses needs have evolved, so too must the skills of our employees.  Skilled workers are needed in many industries throughout the country; manufacturing, construction, carpentry, healthcare, computer programming, engineering, auto mechanics, transportation, HVAC, plumbing, electric and welding.  The bill is designed for U.S. workers compete in a global economy.

Below are 4 updates on expectations and path-forward:

  1. Employers need to be involved in the training and education processes for current or prospective workers. “Organizations must ensure that state and local governments know what their skill needs are so that officials can create programs under this legislation.”[ii]  Do not be afraid to provide feedback on both the positives and negatives of a program.

 

  1. State and local governments would be responsible for crafting and designing programs that best fit the needs of employers in the local communities. Upon approval and implementation, state and federal governments would also have to submit results of the effectiveness of the CTE trainings to federal agencies. 

 

  1. In 2016, a similar bill went to the Senate, but ran out of time when it was delayed by debates over the education secretary’s role in deciding how states can potentially spend money under the 2016 proposed law. The role of the Senate debates or education secretary is yet to be determined on progressing the new bill forward and spending.   

 

  1. The legislation is focused on post-secondary training for trade jobs in the U.S., that do not require a four-year degree. The impact of this bill, if passed will be significant as there is a need throughout the country to have trained and skilled workers in many industries. 

The value of The Strengthening Career and Technical Education for the 21st Century Act, could have great potential for additional training’s in our area.  Remember, this is federal legislation and does not include any training funding from New York State.  The key to any legislation such as this is the effectiveness of the training.  As employer’s we need to offer feedback and input into these programs, while holding state and local government entities accountable.  Developing training takes a tremendous amount of resources, resources that we are paying for.  You get out what you put in.  The employees and/or potential employees do have responsibility in ensuring that the training is effective and successful as well.  We will continue to monitor the act as it progress through the different branches of government for any amendments or updates.    

– Matthew Burr, HR Consultant

 

[i] https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/bill-upskill-us-workers-carl-perkins-act.aspx

 

[ii] https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/bill-upskill-us-workers-carl-perkins-act.aspx

 

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

Open Enrollment Success Tips

As most organizations are now approaching the open enrollment season, we need to be cognizant of confusing and frustrating open enrollment processes.  A poll “was conducted in April among 2,105 employees currently receiving health care through their employer. Among those whose company offers health insurance:  Half of employees (49 percent) say making health insurance decisions is always “very stressful” for them.  41 percent feel the open enrollment process at their company is “extremely confusing.  20 percent often regret the benefits choices they make.”[1]

As leaders we need to educate our employees on making the right choice for themselves and their family.  Healthcare enrollment can be a confusing process for any employee, education and communication are crucial to ensure a successful open enrollment season.  None of our organizations want to be a statistic as mentioned above.

Below are 7 open enrollment tips to assist your organization in a successful open enrollment season:

 

  1. Develop a roadmap from start to finish for the open enrollment outcomes. This should include what you want covered by the plans and how you want to get there.  Do you want 100% participation in open enrollment?  Are you analyzing the data every day?
  2. Keep it simple. Do not assume that every person that works for you has a thorough understanding of how open enrollment works or what to choose during the open enrollment process.  Use examples that everyone can understand. Benefit enrollment is complex enough; do not make it more complex.
  3. Develop a training for the open enrollment process. Everyone learns differently, so try to develop a training system that encompasses all aspects of different learning styles.  Presenting/lecturing on benefits for 2-hours would be a challenge for me (or anyone else!) to sit through.
  4. Design checklists and handouts. Develop checklists or cheat sheets for employees to use during the process.  Handout the packet of information during the training.  Material should be basic and easily readable for a variety of literacy levels.
  5. Offer family sessions. Offer enrollment sessions that include a spouse or significant other. This can relieve some anxiety and allow for better decision making by employees for their family’s needs.
  6. Determine Frequently Asked Questions. Design a frequently asked questions handout or implement into the training.   I have found this to work well in the past.
  7. Open enrollment office hours and follow-up meetings. Establish 30-minutes to 1-hour every other day or daily dedicated to open enrollment and open enrollment questions.  If employees need to enroll online, assist them with this process during these time slots.  Follow-up throughout the process to ensure you reach the pre-established goal for the organization.

 

Open enrollment timing and processes vary by organization.  At times, this process can be confusing and frustrating to your employees.  Proactive planning and simplification wherever possible will help to ensure a successful open enrollment season.  If you have a third party or consultant scheduled to work through the open enrollment process, walk through the training with them.  Human Resources needs to understand what information is being communicated and how it will be communicated.  Ask employees before the process begins if they have any questions or concerns.  As the cost of healthcare and other benefits continues to rise, as does the complexities of the laws and regulations.  Seek guidance or help if you are unclear on the right approach.

 

 

– Matthew Burr, HR Consultant

[1] https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/open-enroll-benefits-confusion.aspx