Delaware Enacts New Paid Family and Medical Leave Requirement

Ed MacConnell

The Healthy Delaware Families Act was recently signed into law, which provides paid leave for three categories of leave: parental leave, medical leave and family caregiving leave. Employers with 10-24 employees are only subject to the parental leave provisions. Employers with 25 or more employees are subject to all leave provisions. Employers with fewer than 10 employees are not obligated to participate in the leave program, although an employer can opt-in for a 3-year participation period. Click here to download for more information. As always, please contact your Total Benefit Solutions Inc health insurance specialists with any questions or concerns at (215)355-2121.

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Mental Health Conditions Can Trigger FMLA

Ed MacConnell

The Wage and Hour Division of the U.S. Department of Labor released a Fact Sheet related to mental health conditions and the Family and Medical Leave Act, clarifying what constitutes a serious mental health condition. As always, please contact your Total Benefit Solutions Inc health insurance specialists with any questions or concerns at (215)355-2121.

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Final FMLA Rules Regarding Same-Sex Spouses

Ed MacConnell

The DOL amended the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) so that “spouse” for purposes of FMLA rights includes a same-sex spouse, regardless of where the employee and spouse live. This means the “place of celebration” will determine whether an individual is a “spouse” under FMLA. This change is effective March 27, 2015. Current FMLA regulations use a “state of residence rule,” recognizing a spouse under the law of the state in which the couple resides. Click here to download the bulletin: Final FMLA Rules Regarding Same-Sex Spouses 

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