Your HR and Benefits Specialists

HRS/TND Associates, Inc.

The HR-edge Summer Edition

On July 5, 2008, Alan W. Hohl, Senior Consultant, died at home with his family.  His too-short life was one dedicated to service to others, devoted to family and friends and delighted in his profession.  Donations may be made in his name to the American Diabetes Association.

 

All of us at HRS grieve the loss of our dear friend and colleague.  Alan gave joy and support to all who knew him and was a dependable and loyal friend.  We mourn him.  We pray for his family’s strength.  He is gone and we will miss him.  God must have needed a great HR guy.

 

Alan W. Hohl

1950 - 2008

Text Box: HRS loses a beloved colleague

Volume 8, Issue 2, 7/10/08

Text Box: Making sure employees understand your FMLA calendar.
Are you at risk?

The FMLA was created to allow employees time off to deal with their own serious health conditions or those of family members who need medical care. The law precariously balances the rights of employees to keep their jobs while facing temporary hardships, with the rights of employers to run their businesses. 

To that end, the statute and the U.S. Department of Labor’s (DOL) FMLA regulations provide employers with four options for calculating how much leave employees are entitled to at any given time.

The easiest of the provided methods are the straight calendar calculation and the 12-month year (example:  Fiscal year or year based on employee’s anniversary date) options, where every twelve months the employee is entitled to 12 weeks of leave, provided they worked at least 1250 hours in the 12 months and have worked for the company at least one year.

 

The other two options provided are the rolling year and the year measured forward from the employee’s first FMLA usage.  Both of these are a little more complex than the previous two methods, because a new calculation is required every time a request is made. These last two options, however, provide better control on the total amount of time available for the employee to be absent from work.  These rolling methods also prevent the “stacking” of leave entitlements. Such “stacking” possibilities under the regular 12-month year methods, could effectively give the employee 24-weeks of leave in a single 12-month period.

Which method should your organization select? That depends on how much record-keeping you want to do. 


One thing is certain: If you don’t select a method and
let employees know, the DOL says you must use the one most beneficial to the employee;  that could mean doing four calculations every time an employee wants FMLA leave.

Removal from mail list…

If you no longer wish to receive this newsletter, send an email to hrguys@hrstndassociates.com  and place “remove” in the subject line.

 

NOTICE: Our firm provides the information in this web site or e-newsletter for general guidance only, and does not constitute the provision of legal advice, employment advice, tax advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional human resource, tax, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation.

The drafter of the articles in this web site or e-newsletter did not intend nor write the advice to be used to avoid any penalty imposed by a regulatory authority, nor may any user/recipient of this document use this document’s written advice for that purpose. This document’s advice was written specifically to support the promotion or marketing of more precise and individualized human resource consultation. Therefore, any user/recipient of this document should seek an independent professional’s advice regarding the user/recipient’s particular circumstances.
 The information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without
 
warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

On August 12, HRS will sponsor yet another free seminar—this one designed to provide you with the latest information and know-how on HR--info every company should have.  As usual, this will be a three-part presentation:

 

1.   Recruiting and Retaining in a Difficult Economy

2.   All About Interviewing – Focus on success and legal questioning.

3.   Open Forum - Our staff, with over 200 years of experience, will answer any and all questions relative to HR and benefit practices, issues or policy.  Try to stump our pros!  If you wish to submit your question ahead of the seminar, email it to hrguys@hrstndassociates.com

 

The seminar will be held at Cabela’s and will start at 9:00 am.  Reserve your seat now by sending an email to hrguys@hrstndassociates.com

Text Box: FREE Seminar:  Recruiting, Retention, Interviewing, Selection – all you really need to know

Remembrance of our beloved colleague

 

Next free seminar on      August 12 at Cabela’s

 

A new I- 9 form now required

 

FLMA Alternative Counting Methods

 

The IRS feels our gas pains!

 

PA snuff-out law smothers workplace smoking

Text Box: Newsletter Content

NOTICE: Our firm provides the information in this web site or e-newsletter for general guidance only, and does not constitute the provision of legal advice, employment advice, tax advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional human resource, tax, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation.

The drafter of the articles in this web site or e-newsletter did not intend nor write the advice to be used to avoid any penalty imposed by a regulatory authority, nor may any user/recipient of this document use this document’s written advice for that purpose. This document’s advice was written specifically to support the promotion or marketing of more precise and individualized human resource consultation. Therefore, any user/recipient of this document should seek an independent professional’s advice regarding the user/recipient’s particular circumstances.


 The information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without
 warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

Text Box: New I-9 Now Required

The Department of Homeland Security has issues a new version of the I-9 Form that must be used with all new hires beginning on July 1, 2008.  This for has an expiration date listed on it for June 30, 2009.  The form and its explanatory documents are available for free click here to go to the website.

Text Box: HRS/TND Associates just keeps growing, thanks to our terrific clients!  We appreciate these new clients:

Assoc. of Community Mental Health Programs of West Virginia
Nothelfer/Morrone LLC
West Side Electrical Service 
Broc Kitchens and Bath
Bethlehem Suburban Ford
Brush Wellman
Missionary Sisters	
Reading Housing Authority
Reading Anesthesia Associates
Commercial Insurance Services
United Way of Berks County
Energy Service Providers, Inc.

The Internal Revenue Service today announced an increase in the optional standard mileage rates for the final six months of 2008.  Taxpayers may use the optional standard rates to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

 

The rate will increase to 58.5 cents a mile for all business miles driven from July 1, 2008, through Dec. 31, 2008. This is an increase of eight (8) cents from the 50.5 cent rate in effect for the first six months of 2008.

 

In recognition of recent gasoline price increases, the IRS made this special adjustment for the final months of 2008.

 

This rate is used as a benchmark by the federal government and many businesses to reimburse their employees for mileage.

 

The new six-month rate for computing deductible medical or moving expenses will also increase by eight (8) cents to 27 cents a mile, up from 19 cents for the first six months of 2008.  The rate for providing

services for charitable organizations is set by statute, not the IRS, and remains at 14 cents a mile.

Text Box: IRS Increases Mileage Rates through Year End 
Text Box: Please feel free to talk to any of our consultants for clarification of any information provided and visit our website for details about HRS at www.hrstndassociates.com
Text Box: Pennsylvania Passes Clean Indoor Air Act

Well, it finally happened that Pennsylvania has joined the passel of states enacting smoking restrictions in public places. The Clean Indoor Air Act becomes effective September 11, 2008.  Below is a brief overview of the Act, its requirements for employers, and other information for employers to use in order to comply with the new nonsmoking obligations.

 

Overview of the Act

The Act prohibits smoking in all public places, including workplaces, within Pennsylvania, with limited exceptions.  Under the Act, smoking is permitted in the following places: private residences and private vehicles, so long as the residences and vehicles are not being used at the time for child-care or adult day-care services; hotel rooms and other lodgings where specifically designated; full-

service truck stops; tobacco shops; manufacturing workplaces of tobacco and tobacco-related products; designated areas of facilities for long-term care; mental heath, drug and alcohol or day treatment; drinking establishments; cigar bars; designated areas of gaming floors in licensed facilities; private clubs (with specified restrictions); and designated outdoor areas at sports and

recreational facilities.

 

Required Compliance for Employers

Employers should pay careful attention to the Act's requirements with regard to workplaces. The Act defines public place as any enclosed area, including workplaces. “Workplaces” are defined as an indoor area serving as a place of employment, occupation, business, trade, craft, professional or volunteer activity. Because of these definitions, employers should review their smoking policies as they relate to: (1) outdoor workplaces; (2) indoor workplaces; (3) company vehicles; and (4) required postings.  Contact Tom for more information at tom@hrstndassociates.com.