Dependent Care

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    In theory, the Family and Medical Leave Act (FMLA) is a law that recognizes an employee’s need for unforeseen leave while minimizing the costs and efforts of the employer. It sounds simple enough to say that an employee can receive up to 12 weeks (or, up to 26 weeks where applicable) of unpaid leave a year for certain reasons and can then...

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    The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees because they are related to or have an association with an individual with a disability. Courts have ruled that this provision prevents you from terminating or refusing to hire someone because of "unfounded assumptions" about her relationship with a...
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    Q An employee has requested intermittent leave under the Family and Medical Leave Act (FMLA) to take her teenage daughter to medical appointments. As I was preparing the paperwork, I noticed that my checklist states "to care for a spouse, child, or parent with a serious health condition" and that the "child must be under the age of...
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    Nancy, the company's marketing director, asks to speak with Mary, the head of HR. When Mary invites her into her office, Nancy sits down and submits her completed "Request for Leave" under the Family and Medical Leave Act (FMLA). On the form, she has indicated that she is requesting leave to care for a child who has a serious...
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    By David J. Middlebrooks and Albert L. Vreeland, IILehr Middlebrooks & Vreeland, P.C. The IRS recently issued interim final regulations related to the new "age 26" dependent coverage rules under the Patient Protection and Affordable Care Act. The "age 26" rule has been a source of frequent discussion and evolving guidance since the health...
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    By David J. Middlebrooks and Albert L. Vreeland, IILehr Middlebrooks & Vreeland, P.C. The IRS recently issued interim final regulations related to the new "age 26" dependent coverage rules under the Patient Protection and Affordable Care Act. The "age 26" rule has been a source of frequent discussion and evolving guidance since the health...
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    By David J. Middlebrooks and Albert L. Vreeland IILehr Middlebrooks & Vreeland, P.C. Under the combined health care reform legislation, any group health plan or health insurance issuer offering group or individual health insurance coverage that provides coverage for dependent children must continue to make dependent coverage available for...
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    By Ashley Gillihan, John R. Hickman, and Anne Tyler Hamby Alston & Bird, LLP Effective March 30, 2010, the Patient Protection and Affordable Care Act as modified by the Health Care and Education Reconciliation Act of 2010 (collectively the "Act") expanded the health care tax exclusion to any "child" who will not reach age 27 at any time...
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    By Ashley Gillihan, John R. Hickman, and Anne Tyler Hamby Alston & Bird, LLP Effective March 30, 2010, the Patient Protection and Affordable Care Act as modified by the Health Care and Education Reconciliation Act of 2010 (collectively the "Act") expanded the health care tax exclusion to any "child" who will not reach age 27 at any time...
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    Q: We recently had an employee take all her vacation for the year in March, and then she resigned after returning from vacation. Can we require that she pay back a prorated portion of her vacation time? A: Michigan's wage laws provide that employees must be paid for all benefits that have accrued, so if your vacation...
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