Those individuals who are able to control their impairment by medication or medical devices
may now qualify for protection.
Family and Medical Leave Act Amendments
In January 2008, amendments to the Family and Medical Leave Act (FMLA) provided new military leave entitlements as well
as updated the regulations under the 15-year old plan. The Department of Labor published its final rule (700 pages) on these new
amendments on November 17, 2008. Some of the revisions, which go into effect January 16, 2009, include:
- Clarification of a serious health
condition
- Intermittent Leave: Employees who take intermittent leave have a statutory obligation to make a "reasonable effort"
to schedule such leave so as not to unduly disrupt the employer's operations.
- Light Duty: Time spent in "light duty" work does not count against an employee's FMLA leave entitlement,
and the employee's right to job restoration is held in absence during the light duty period, unless the employee is voluntarily
doing light duty work, then he or she is not on FMLA leave.
- Gaps in Service: Although the 12 months of employment need not be consecutive, employment prior to a continuous break
in service of seven (7) years or more need not be counted.
- Plus many others!
Military Leave (USERRA)
As with most employment law issues, one employee situation may often fall under multiple causes
of action. The ADA and FMLA laws often intertwine in many ways, and now USERRA changes impact employment law even more.
If an employee is deployed, whether a full deployment or as part of or National Guard duties, the employer is required to
hold their position open during active duty for a cumulative period of up to five years. Replacements can be hired,
but only as temporary employees. In addition, if an employee is injured while on military leave, he may be considered
disabled under USERRA, even if he's not considered disabled under ADA statutes.
For returning employees, USERRA removes the "employment at will" status for a period
of six months to one year, depending on the length of service.
Now
more than ever employers need to have EPLI coverage.
The Cost of a Claim is High
Let's talk about the cost of a
claim. Defense alone for an EPLI claim can climb up to $75,000 (to file for Motion for Summary Judgment) before reaching
a courtroom. If a case does go to trial, defense costs can reach a minimum of $200,000, which does not include jury
awards if the employer loses and those can vary greatly depending on the cause of action(s).
Plaintiffs win 50-68% of the time.
Your client's chance of winning is less than
a flip of a coin.
Aside from defense costs, jury awards or settlements, other factors to consider include the amount
of time and resources invested when defending a claim. It can be as long as two years from the time a claim is filed
until a settlement or a court decision is made.
Does your client really want to go through this alone?
The Answer
Eaton Professional Insurance
Services offers one the broadest EPLI policies available, supported by a dedicated detail-oriented claims department, experienced
EPL panel attorneys and the Human Resources Specialists of Specialty Risk Management, Inc.
In today's unsteady economic climate, companies need comprehensive coverage, not limited
endorsements. Our
policy offers coverages very few carriers even consider:
- Family Medical Leave Act (FMLA) coverage (not available in all states)
- Worker's Adjustment & Retraining Notification
(WARN) coverage
- Uniformed Services Employment & Reemployment Rights Act (USERRA) coverage
- First dollar EEOC administrative proceedings coverage
(up to $2500 for defense) - Before the deductible applies
- Aggregate $2.5K/$5K administrative proceedings coverage option available
- Certain Underwriters at Lloyd's (A.M. Best Rated A)
- Prior acts coverage available
- Third party coverage available (premium discount available for removal of coverage)
- Punitive and exemplary coverage (where insurable)
- Liquidated damages coverage
- Broad inappropriate
employment conduct definitions including tort causes of action & retaliation
- Broad discrimination coverage including failure to promote
- Broad reporting language for incidents or claims (complaints/demands) - both written or oral
complaints
- Equal Pay Act (EPA) coverage
- Available limits from $100K/$250K to $5M/$10M
- Additional defense outside the limits available
- Deductible reduction endorsement available
- Aggregate deductibles available
- No minimum premium
Additional Services
Let's
face it, when people have concerns, they want to talk to someone. They need another human on the phone to answer their
questions. For this reason, our policy provides Specialty Risk Management®, Inc. (SRM®), an independent consulting resource,
to provide risk management and human resource services for the ESI-EPLI program. Insureds have access to the hotline
for services including:
- FREE review of Handbook (policies & Procedures) or they will furnish sample policies
- FREE unlimited 1-800 Hotline (phone) real-time
response for immediate issues such as investigations, employee reprimands and/or terminations, state and federal requirements,
etc.
- Additional risk management services
available for nominal fee: Train the Trainer, Supervisor/Mgmt Training, On-Site Investigations
- Comprehensive range of consulting and risk management services, including:
- Case management
- Litigation
support
- Risk assessments
- Human relations/personnel training and continuing education
- Human resource audits and
- Individual incident/issue problem solving.
As the risk managers say:
"Every
call is free. Your client's time is unlimited. Their access is immediate. Ideas and tactics when your
clients need help during any employment issue."
