FMLA has been maligned by HR departments for years, not only because of the amount of work involved – but also the amount of expertise. Do you ever feel like your management team shouldn’t be the ones determining if a claim submitted actually qualifies? Throwing COVID-related leave into the mix didn’t help, either.
Private companies that employ at least 50 workers (within a 75 mile radius), and public employers regardless of size are required to offer FMLA – 12 weeks unpaid leave during a 12 month period. While many question its value, considering the leave is unpaid – it was put in place to protect the jobs of those experiencing one of the following conditions:
• Birth or adoption of a child
• Care of a spouse, child or parent with a serious health condition
• A serious health condition that renders the employee unable to complete their essential duties
• A qualifying emergency related to a spouse, child or parent being on active military duty
Non-compliance not only puts you on the radar of the Department of Labor (which could result in major fines), but could also expose you to private lawsuits from disgruntled employees. We hear a lot of businesses say, “We just let employees take whatever they need.” Most of them don’t realize that not tracking or over-designating absences to FMLA creates different problems.
FMLA can be very time consuming and frustrating – but Surety HR can take it off your plate. The advantage of using our FMLA services it that we cut your HR department’s work down to completing just one piece of paper, plus tracking the usage. We will handle sending out the appropriate paperwork to employees, and our nurse case manager and in-house counsel will work together to handle the rest, including approving or denying claims. If you’re interested in outsourcing your FMLA management, please reach out to Brian Davis at 440-249-5260 | Ext:107 for more info.
Posted By Brandy King
February 19, 2025
Category: Ohio Bwc, Ohio Safety Congress, Self Insured Assessment, Dfsp, Drug Free Safety Program, Cirp, Claim Impact Reduction, One Claim Program
Employers participating in Ohio BWC’s Drug-Free Safety Program (Basic or Advanced) or a Comparable Program will need to submit their required reports by March 31. The report and instructions for Basic and Advanced participants can be found online here, and the report and instructions for Comparable-Level participants can be found online here. Your report also serves as an application for the next program year. If you have additional questions or concerns about this reporting, or need a resource for training, please reach out to your Client Services Manager at Spooner Inc., or email clientservices@spoonerinc.net. If your policy is enrolled in the Claim Impact Reduction Program (CIRP, formerly known as the One Claim Program), you will need to complete the required training by March 31. A representative from your company must attend a half day class or three hour online class offered by BWC’s Division of Safety & Hygiene. This PDF has additional details about CIRP that first-year participants may find helpful. For self-insured employers, annual self-insured assessments are due February 28th. Ohio Safety Congress registration recently opened as well. This three day educational event is free to attend for employers with an active Ohio BWC policy. The Expo Marketplace will be open Wednesday and Thursday, and we encourage you to come visit us in booth 129! You can register for Ohio Safety Congress
Posted By Brandy King
January 15, 2025
Category: General
The clock is ticking on Group Retro enrollment for the 2025 Ohio BWC policy year! The deadline for Group Retro paperwork is January 27, 2025. If you're a Spooner client enrolling in Retro, you should have already received your program renewal from us. If you haven’t, please reach out to your client services manager. If your BWC policy was disqualified for savings programs for 2025 or you don’t have the flexibility of waiting to see savings, we’d also encourage you to explore SuretyHR, our self-insured PEO (professional employer organization). SuretyHR is an alternative to being insured by Ohio BWC for workers’ compensation. By creating a co-employment relationship with other employers, we’re able to place them in our own self-insured workers’ compensation plan. PEO clients also have the added benefit of SuretyHR’s team assisting with safety, HR, FMLA and unemployment claims administration, and quite a bit more. You can request a savings analysis from SuretyHR
Posted By Brandy King
January 07, 2025
Category: Ohio BWC, Group Retro, 20018 Group Retro, 2019 Group Retro, Group Retro Refunds Withheld
The team at Spooner Risk Control Services, Kent Elastomer Products, Inc. and Roetzel & Andress have scored another win in the fight to get businesses the Group Retro refunds they’ve earned. Background: At the end of 2020, we shared Ohio BWC’s decision to withhold Group Retro refunds owed to participating employers for the 2018 and 2019 policy years. This was based on the concept that employers were already returned 100% of premiums for those years via dividends released to Ohio employers in April and October of 2020. However, dividend distribution and Group Retro refunds are governed by different rules, and different portions of the Ohio Revised Code. We appealed this decision in August 2020, kicking off a legal battle with Ohio BWC that will continue into 2025. After the victory for Group Retro participants in February 2023, BWC appealed the magistrate’s ruling, stating five objections. A hearing was held on November 19, 2024 by the 10th District Court of Appeals, and four of the five objections were overruled. For the reasons detailed here, the court again ruled in favor of Ohio businesses granted a limited writ of mandamus (meaning BWC is obligated to pay out Group Retro refunds). Hellbent on not paying these earned program refunds to employers, BWC chose to file yet another appeal on December 30, 2024 arguing their reasoning for withholding the refunds. From here, the matter will be referred to the Supreme Court of
28605 Ranney Parkway
Westlake, Ohio 44145
Phone: 440-249-5260 ext. 153
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