On December 19, 2009, President Obama signed into law the Fiscal Year 2010 Defense Appropriations Act (the "Act"), which included an extension of the eligibility period and duration of the COBRA premium subsidy for assistance eligible individuals. Employers should be aware by now that the COBRA premium subsidy has been extended, as they are required to take several specific actions with regard to the extension.

Particularly, the notice to individuals describing the extension must be provided no later than February 17, 2010. This notice must be provided to those employees who were

  1. assistance eligible individuals, or
  2. experienced a qualifying event related to a voluntary or involuntary termination of employment at any time between October 31, 2009 and December 19, 2009. 

The Department of Labor has model notices available and employers who have not yet provided the required notice should make it a priority to ensure compliance with the Act.

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Generally, all employers with more than 10 employees must maintain the Occupational Safety and Health Administration’s Log of Work-Related Injuries and Illnesses (Form 300) and Summary of Work-Related Injuries and Illnesses (Form 300A).

There are limited exceptions for employers in certain “specific low hazard” industries; however, all employers, regardless of size or exemption, must report to OSHA any workplace incident that results in a fatality, or in the hospitalization of three or more employees.

The agency provides the OSHA Recordkeeping Handbook, which is “designed to answer recordkeeping questions raised by employers, employees, and members of the OSHA family who are familiar with the basic requirements of the rule but wish to obtain additional information on specific recordkeeping issues.” The agency also provides a guide booklet for preparing and maintaining the required forms.

Covered employers must post their 2009 annual Summary of Work-Related Injuries and Illnesses (Form 300A) by February 1, 2010. This information must remain posted for three months, or until April 30, 2010 and the Form 300 and Form 300A can be downloaded.

Henderson Franklin’s Employment Law Practice Group will present the 18th Annual HR Law & Solutions Seminar on Tuesday, April 27, 2010 at Pelican Preserve in Fort Myers.

Topics this year include:

  • Employment Law and Legislative Update, an update on new court decisions and significant legislation impacting employers, presented by John F. Potanovic and Robert C. Shearman.
  • Social Not-Working, a session dedicated to helping employers understand the legal risks associated with social media in the workplace, with practical solutions on how to monitor employee online activity and create effective social media policies, presented by Suzanne M. Boy and John D. Agnew.
  • Top 10 Ways to Protect Your Bottom Line from Workers’ Compensation Claims, a useful guide to assist employers in protecting themselves from losses resulting from workers’ compensation claims, presented by Cora C. Molloy and David H. Roos.
  • Cleaning up the Stress Mess, a fun and laughter-filled presentation on how to help avoid stress and burnout in the workplace, presented by nationally-recognized “Humorist at Law” Sean Carter.

The fee is $25.00, which includes a continental breakfast and a plated lunch. HRCI credits will be available. Registration information will be available on this blog and on the Henderson Franklin website shortly.

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The Shelter for Abused Women & Children in Naples recently launched a new website intended to assist victims of domestic violence, a recent Southwest Florida News-Press article reports. The website includes a variety of information, including tips on how victims can stay safe at work. Tips suggest, among other things, that victims show a picture of the abuser to supervisors/security guards, have telephone calls screened, and ask security or a coworker to escort the victim to his or her car.

These are good tips employers can use to help employees who may fall victim to domestic violence. It also provides us an opportunity to remind larger employers of an additional requirement: if an employer has 50 or more employees it is obligated to do more than simply assist its employee-victim.

Florida Statute 741.313 requires an employer who employs 50+ employees to permit an employee to take up to three working days of leave in any 12-month period to deal with domestic violence-related issues. This applies not only in situations where the employee is the victim of domestic violence, but also when a member of the employee’s family or household is the victim of domestic violence.

The law only covers employees who have worked for the employer for at least three months. The employee can use the leave to handle various legal and/or medical issues, including seeking a protective injunction against the abuser; obtaining medical care, mental health counseling, or services from a victim services organization; and securing the employee’s home or seeking new housing to escape the abuse. An employer is prohibited from discharging, demoting, suspending, or discriminating against an employee in any way for his or her exercise of rights under the statute.

Domestic violence leave may be with or without pay, at the employer’s discretion. Before receiving leave under the statute, the employee must exhaust all of his or her annual or vacation leave, personal leave, and/or sick leave if available, unless the employer waives this requirement.

Employers with 50 or more employees should include a domestic violence related leave policy in their employee handbook. This policy should address, among other things, whether the leave is paid or unpaid, and whether an employee must exhaust other types of leave before using domestic violence related leave. Employers should also take steps to ensure that any information regarding the request for domestic violence leave is kept confidential. Finally, all employers should take care to comply with any local codes or ordinances that may apply.