Dependent Care FSA: Is Your Plan in Compliance?
Many employers offer a Flexible Spending Account (FSA) for Dependent Care, but did you know that this benefit is the most likely to fail non-discrimination testing under the IRC Section 129(d)? (more…)
Keeping Score: Discount Off AWP for Prescription Drugs
Prescription drug discounts are calculated by looking at the Average Wholesale Price (AWP) and the actual drug cost (sometimes called the “ingredient cost”). In looking at our employer data set, it is interesting to note very little correlation between higher discounts and lower per employee per year drug costs. This indicates the mix of drugs being dispensed, and other pricing games, are offsetting proposed and reported discounts. (more…)
DOL Clarifies Employer Obligation to Designate FMLA Leave
The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for specified family and medical reasons. Eligible employees may take up to 12 weeks of leave (26 weeks for military caregiver leave) each year for FMLA-qualifying reasons. Because FMLA leave is unpaid, employees often request time off under another leave program, such as paid sick leave or paid time off (PTO).
An opinion letter from the Department of Labor (DOL) clarifies that employers cannot delay designating paid leave as FMLA leave, even if the employee would prefer this delay. Employers must notify employees that their leave is FMLA-protected within five days of obtaining enough information to make this determination. (more…)