Compliance Tips for Avoiding Common FMLA Violations

Navigating the Family and Medical Leave Act (FMLA) can be complex, especially when handling intermittent or reduced-schedule leaves. 

Employers frequently make mistakes that lead to compliance violations:

• Failing to provide required notices
• Improperly tracking absences
• Penalizing employees for FMLA-protected leave
• Requesting excessive medical documentation

Many of these errors stem from inadequate manager training and failure to recognize FMLA-qualifying leave requests.

Key Compliance Strategies:

• Understand FMLA Regulations – Employers should thoroughly review FMLA guidelines and post required notices.
• Post the FMLA poster – Download the poster from the U.S. Department of Labor (DOL) Wage and Hour Division website.
• Create the required FMLA forms – These forms include eligibility notice, rights and responsibilities notice, designation, medical and military certification forms. The forms from the DOL Wage and Hour Division can be customized with restrictions.
• Develop a Clear Policy – A well-defined company policy should outline FMLA administration, including leave calculation methods and responsible personnel.
• Process requests – Process in compliance with FMLA regulations, relevant laws, and company policies.
• Train Managers Regularly – Supervisors should be educated on how to handle FMLA leave requests, recognize protected absences, and avoid retaliation.

Employers who implement structured FMLA procedures and provide ongoing training can minimize compliance risks while fostering a supportive workplace.

APRIL Calendar

April is National Volunteer Month.

April 1	April Fool’s Day
April 12-20	Passover
April 15	Tax Day  Form 8928 due Form 7004 due
April 20	Easter
April 22	Earth Day
April 23	Administrative Professionals Day
April 25	Take Your Daughter/Son to Work Day
April 30	Quarterly Forms 720 and 941 due

NH “Guns at Work” Law

Many employers in NH will be required to allow employees to keep loaded guns in their parked car at work. Additionally, all employers in NH will soon need to comply with new employee privacy protections regarding firearms stored in personal vehicles. See attached for more information and don’t hesitate to contact us with any questions you may have.

MARCH Calendar

March is National Women’s History and National Ethics Awareness Month.

March 1	HIPAA Breach Notification Forms 1095-B and 1095-C are due to be furnished to recipients
March 2	Creditable Coverage Disclosure due to CMS (Centers for Medicare and Medicaid Services) Electronically submit OSHA Form 300A
March 4	Mardi Gras
March 9	Daylight Saving Time Begins
March 14	Pi Day
March 14	Holi
March 15	S Corp (Form 1120-S) and Partnership (Form 1065) Form 8809 E-filing deadline Business Tax Returns due
March 17	St. Patrick’s Day
March 19 – April 7	March Madness
March 20	First Day of Spring/ Baseball Season Starts
March 31	Q1 ends  Form 1099-MISC due if reporting NEC in box 7 Deadline to file Form 1099s electronically Deadline to file ACA Forms 1094-C, 1095-C electronically

 

W4 2025 Update

2025: HANDBOOK Employment law updates

Highlights seven key employment law updates for 2025 that both employers and employees should be aware of in order to avoid legal issues and ensure compliance.

1. Minimum Wage Increases: Many states and cities are raising minimum wages in 2024, requiring businesses to adjust payroll and remain compliant. Employees should monitor their pay to ensure proper compensation.

2. Remote Work Regulations: New laws cover expense reimbursements and wage standards for remote workers, with states like California ensuring compensation for work-related expenses.

3. Expanded Family and Medical Leave: States are increasing paid and unpaid leave options, broadening eligibility and protections. Employers must update policies, and workers should know their expanded rights.

4. Anti-Discrimination Updates: Revised laws in various states enhance protections for gender identity, pregnancy, and caregiving status. Employers need to revise policies, and employees should understand their rights.

5. Workplace Safety Rules: OSHA and states like California are updating safety standards, particularly in high-risk industries and for outdoor work. Businesses must comply to avoid penalties.

6. Employment Contracts & Non-Competes: Laws are tightening on non-compete clauses, especially for lower-wage workers. Employees should understand these changes, and employers may need to revise agreements.

7. Protections: New regulations in 2025 increase protections against unfair dismissal. Employers must follow proper protocols, while employees should seek legal advice if terminated unjustly.

Understanding 2025 employment law updates is critical for businesses to stay compliant and for employees to safeguard their rights. Employers must stay updated on these changes to avoid legal consequences, while employees should understand their rights to ensure fair treatment in the workplace.

2025 UPDATES: Massachusetts PFML

Massachusetts employers need to inform their employees about the 2025 Paid Family and Medical Leave (PFML) contribution rates by December 2, 2024.

The 2025 rates are:

• 0.88% for employers with 25 or more employees.
• 0.46% for employers with fewer than 25 employees.

Employers must distribute Rate Sheets showing the contribution shares for both the employer and employees. These notices can be given out like other policy updates, and while no signed acknowledgment is needed, it’s good to have proof of distribution.

Additionally, an updated PFML poster with the 2025 maximum weekly benefit amount of $1,170.64 must be displayed prominently.

For new employees, revised notices must be issued within 30 days of hire, and employees should acknowledge receipt.

The updated notice should include:

• The new maximum benefit amount.
• Information on using accrued paid leave to supplement PFML benefits.
• A requirement that PTO policies do not discriminate against employees using PFML.

Employers should review and clarify their paid time off policies, especially if they offer unlimited time off, to specify limits during PFML leave.

The Department of Family and Medical Leave (DFML) will continue audits, with fines of:

• $50 per employee for a first notice violation and;
• $300 for subsequent violations.

FEBRUARY Calendar

February is American Heart Month and Black History Month.

Request a new Form W-4 from any employee who claimed an exemption from income tax withholding last year and wants to claim the exemption again for 2024. If the employee doesn’t give you a new Form W-4, withhold tax as if the employee is single or married and filing separately without any allowances.

February 1	OSHA Form 300A must be posted in visible areas from Feb 1- April 30
February 2	Groundhog Day
February 7	Wear Red Day
February 10	Form 940 is due (if quarterly FUTA taxes were paid when due)
February 14	Valentine’s Day
February 17	President’s Day
February 22	School Bus Driver Appreciation Day
February 28	Forms 1094-C and 1095-C, 1099-MISC without NEC to IRC are due (if paper filing) (if filing electronically, due 3/31/25)
February 28	Form 8809 Paper Filing Deadline (Request an extension of the due date to file federal tax forms, including the W-2, W-2G, 1042-S, and 1094-C.)

 

BY 12/15/24: General HIRD reporting requirements

Massachusetts employers, it’s time to get familiar with the Health Insurance Responsibility Disclosure (HIRD) form. This annual requirement, launched in 2018, helps MassHealth identify members who might qualify for the Premium Assistance Program by gathering information about employer-sponsored insurance (ESI) offerings. Here’s a quick breakdown to keep you compliant.

HIRD Form Purpose: Annual reporting requirement for Massachusetts employers to provide information on employer-sponsored insurance (ESI) offerings, aiding MassHealth’s Premium Assistance Program.

Who Must File: Employers with six or more employees in Massachusetts, even if health insurance isn’t offered.

Filing Period: November 15 to December 15, completed electronically via MassTaxConnect (no paper forms).

Responsibility: Employers must ensure timely filing, even if using a payroll company or PEO. Coordination with HR/benefits is necessary.

Data Collected: Employer-level health plan information only, no personal employee data.

Non-Compliance Impact: No new penalties, but important for MassHealth assistance programs and won’t affect EMAC Supplement obligations.

Action Required for Non-Offering Employers: Still required to submit, indicating no health insurance is provided.

JANUARY 2025 Calendar

January is Be Kind to Food Servers Month, National Blood Donor Month, and Walk Your Pet Month.

January 1	New Year’s Day
January 3	Drinking Straw Day
January 5-11	Thank Your Customers Week
January 13	Rubber Duckie Day
January 19-25	Hunt for Happiness Week
January 20	Martin Luther King, Jr. Day
January 24	Activity Professionals Day
January 25	Intravenous Nurse Day
January 29	Puzzle Day
January 31	Form W-2 is due to be e-filed, paper-filed, and furnished to recipients. Multiple 1099 forms are due Quarterly Forms 720 and 941 are due  Annual Form 940 is due (if quarterly FUTA taxes were not paid when due) Distribute 1095-B & 1095-C Forms to employees (if applicable)