- Q & A from the MMA H.R. Help Line
- Military Personnel and Family and Medical Leave
- Military Personnel and Family & Medical Leave – Part II
- Retaliation Claims Under the Fair Labor Standards Act Made Easier
- MMA CEO & Executive Forum Recap
- Options to Help Control or Reduce Health Care Costs
- Update on Proposed Health Care Claims Tax
- WorkSafe Back Safety Training Program
- MMA Seminar: Wage and Hour Lawsuits
- MMA Seminar: Making the Handbook Work in the Workplace
1. Q & A from the MMA H.R. Help Line
A. Military Personnel and Family and Medical Leave
Q. I’ve heard the term “Military Caregiver Leave.” What is that?
A: It is a term used to describe one of two types of FMLA leaves allowed in reference to military personnel. Leave is available to an eligible employee who is the spouse, son, daughter, parent or “next of kin” of a covered service member undergoing medical treatment, recuperation, outpatient therapy or who is otherwise on the temporary disability retired list, for a serious illness or injury incurred in the line of active duty. This leave can be taken for up to 26 weeks (not the usual 12 weeks) during any single 12 month period to render the care. The service member can be a member of the federal National Guard or Reserves or the regular Armed Forces. Leave is not available to care for former members of the Armed Forces or those who are on the permanent disability retirement list. A “son or daughter” now includes adopted or foster children, stepchildren or legal wards. The term “next of kin” is designed to expand the categories of relatives eligible to take FMLA leave to render helpful care for injured service members. Like other FMLA leaves, the 26 weeks is without pay.
B. Military Personnel and Family & Medical Leave – Part II
Q. An employee’s husband has been serving in the Army in Afghanistan. He is scheduled to return to a base in Texas next month. The employee has requested an FMLA leave to meet him. Is that allowed?
A: Yes. FMLA leaves are now available for a “qualifying exigency.” Eligible employees can secure FMLA leave if the employee’s spouse, son, daughter, parent or next of kin is on active duty in the National Guard and Reserves (and certain retired members of the Armed Forces). Families of service members in the “regular Armed Forces” also now qualify but not those related to personnel serving in any state National Guard. The specific and exclusive list of reasons that constitute a qualifying exigency are the following: short (7 days or less) notice of deployment, military events and activities in advance of (or during) deployment, to arrange for child care and school activities, to make financial and legal arrangements prior to deployment, non-medical counseling, rest and recuperation following return (up to 5 days), to attend post deployment ceremonies and briefings for a period up to 90 days, to address issues arising from the death of the service member and additional activities agreed upon by the employer and employee. All other FMLA eligibility and notice requirements still apply.
C. Retaliation Claims Under the Fair Labor Standards Act Made Easier
Q. I heard at a seminar that it is now easier for an employee to make a retaliation claim even though the law has not changed. How is that possible?
A: It occurred as a result of a decision of the United States Supreme Court. Like many other state and federal statutes, the Fair Labor Standards Act (FLSA) includes a provision prohibiting an employer from discharging, or in any way discriminating against, an employee who has “filed any complaint” related to the Act. In the case of Kevin Kasten decided 3/22/11, the employee complained on several occasions to a supervisor and to Human Resources about employer practices that, in the opinion of the employee, prevented him from receiving all credit for time worked, in violation of the Act. The employee was subsequently discharged for failing to utilize the time clock, in protest. Admittedly, the employee made no written complaint and did not complain to the Department of Labor. The Supreme Court concluded that Kasten’s oral complaint could satisfy the legal requirement. A complaint is “filed” for purposes of the Act when “a reasonable objective person would have understood the employee to have put the employer on notice that the employee is asserting statutory rights . . . ” The Court rationalized that the same interpretation has been utilized under similar statutes to allow oral complaints to qualify for protection.
The Michigan Wage and Fringe Benefit Act also includes an anti-retaliation provision prohibiting discrimination against employees who file a written complaint or who “exercise their rights under the Act.” While it is unlikely Michigan courts will deem oral complaints to constitute a written complaint, it remains to be seen if, following Kasten, an oral statement can constitute an exercise of rights under the statute.
Information is provided by the law firm of Clark Hill PLC. If you have additional questions, please e-mail the firm at MMA@clarkhill.com or call the toll free MMA H.R. Help Line at 800-676-9077. MMA is not responsible for information or assistance provided. Information provided in the MMA HR Report and in response to H.R. Help Line inquiries are for general informational purposes only and expressly does not create an attorney-client relationship in any way. Legal counsel should be contacted for specific advice before taking action on the information presented.
2. MMA CEO & Executive Forum Recap
2011 was a banner year for Michigan Manufacturing Week — literally! The street in front of the State Capitol was lined in yellow this year with banners celebrating Michigan Manufacturing Week, leading legislators and government officials from the Capitol Building to the MMA Headquarters. It was a great visual message that helped to ensure that manufacturing in Michigan was acknowledged during this week which is set aside each year by gubernatorial proclamation to celebrate the importance of manufacturing and the extraordinary individuals who call themselves manufacturers.
It is during Michigan Manufacturing Week that MMA holds its annual CEO & Executive Forum and the Legislative & Executive Reception. Both events are intended to bring manufacturers together to celebrate, network and share what is uppermost in their minds — the things that keep them awake at night and the trends and opportunities they are excited about.
This year’s Forum featured presentations from State Budget Director John Nixon and keynote speaker Peter Perez, Deputy Assistant Secretary of Manufacturing for the U.S. Department of Commerce. Visit the Forum webpage to listen to excerpts from each of their presentations, as well as those given in the afternoon sessions by Richard Walawender, principal and director of international and automotive practices at Miller Canfield, and Kurt Rankin, economist for PNC Bank. Also, be sure to check out the slideshow [pdf file] to see highlights of the event.
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3. Options to Help Control or Reduce Health Care Costs
MMA’s Tool and Die Community has consistently expressed concern over the rising cost of employee health care. On 5/5/11 the Community hosted Strategies for Lowering Health Care Costs presented by Michael Ramsby and Marybeth Birchmeier of Gadaleto, Ramsby & Associates. MMA Director of Human Resource Policy Delaney Newberry explained pending legislation affecting tool, die and mold making companies.
Ramsby’s presentation focused on options to help control, or reduce the cost of health care without drastically affecting benefits offered and emphasized the need to evaluate different providers. Options included in the discussion were Health Reimbursement Arrangements (HRAs), Health Savings Accounts (HSAs) and wellness programs.
Attendees asked, “At what point should I consider self-funding, instead of a fully insured program?” Birchmeier addressed this question with a detailed analysis of the costs and benefits of self funding and stressed the importance of having a stable, healthy workforce in place as well as a financially strong company able to assume the risk associated with moving away from premium-based insurance.
MMA offered the event as a live video conference, to allow members to attend remotely if they were unable to attend in person and plans to continue to offer this service as a benefit of membership.
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4. Update on Proposed Health Care Claims Tax
During the Strategies for Lowering Health Care Costs, Delaney Newberry gave an update on the proposed 1 percent health care claims tax. The proposal is part of the Executive Budget recommendation released earlier this year, as a way to match federal funds for Medicaid reimbursements. On 4/27/11, Senator Roger Kahn (R-Saginaw) introduced legislation to implement the proposed tax, Senate Bills 347 and 348. Newberry explained that the system is currently funded using an assessment on Medicaid HMOs, but the Federal government has indicated that they may soon act to disallow this funding mechanism.
Knowing that manufacturers are one of the largest payers of private insurance and group health plans, MMA has been working closely with the Administration and legislators to better understand the impact of this proposal on manufacturers. Known as the Health Insurance Claims Assessment (HICA), the new tax would collect 1 percent on all health insurance claims paid. This would be paid on a monthly basis through filings with the Department of Treasury submitted by all insurance providers in the state, including self-funded employer plans.
The Administration anticipates this new tax to bring in about $400 million in revenue. There is reason to believe that MMA members will be disproportionately impacted by this new tax compared to other sectors.
SB 347 and SB 348 have been referred to the Senate Appropriations Committee. MMA will continue to work with the Legislature and the Administration to minimize the effect of this proposed legislation on manufacturers.
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5. WorkSafe Back Safety Program
WorkSafe is a back safety training program on proper lifting and moving techniques. The program’s objective is to emphasize the importance of taking a personal responsibility for keeping one’s back safe — both at work and at home — using the back safety procedures presented.
Now in its eighth year, more than 8,000 Michigan employees have received WorkSafe training. There is no cost to the employer.
WorkSafe is made available through a grant from the Michigan Department of Labor and Economic Growth and the Michigan Association of Chiropractors (MAC).
For more information or to schedule training, visit the MAC website or contact MMA’s LeAnn Hicks at 800-253-9039 ext. 557 or 517-487-8557.
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6. MMA Seminar: Wage and Hour Lawsuits on Tuesday, June 7 in Fenton
Join the MMA on 6/7/11 in Fenton to learn about wage and hour lawsuits. This seminar discusses litigation threats and will identify strategies that manufacturers can adopt to ensure they are in full compliance with the law while maintaining efficiency and productivity.
The seminar, Wage and Hour Lawsuits: The Growing Litigation Threat and How to Avoid Becoming a Victim, will take place at the Creative Foam Corporation, located at 300 N. Alloy Dr., in Fenton. The program is $85 for MMA members and $175 per person for non-members. Pre-payment and pre-registration is required.
See the MMA Seminar Schedule for details or to register. Contact LeAnn Hicks at hicks@mma-net.org, 517-487-8557 or 800-253-9039 (press 9, then ext. 557) for more information.
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7. MMA Seminar: Making the Handbook Work in the Workplace Thursday, June 16 in Clare
The MMA will offer a seminar on Thursday, 6/16/11, in Clare on how to develop and update an employee handbook appropriate for their organization. Seminar speaker Steven J. Fishman, workplace law group chair of Bodman LLP, will discuss whether and why you should have an employee handbook; what the process is for developing and updating a handbook; who should be involved in preparation of the handbook; what should be included in the handbook and why; how the handbook is developed; and how often the handbook should be updated.
The seminar, Making the Handbook Work in the Workplace, will take place at the Rogers Group/Filcon Facility Training Room, 528 Pioneer Parkway, Clare. A facility tour will immediately follow the seminar. The program is $85 for MMA members and $175 per person for non-members. Pre-registration is required.
See the MMA Seminar Schedule for details or to register. Contact LeAnn Hicks at hicks@mma-net.org, 517-487-8557 or 800-253-9039 (press 9, then ext. 557) for more information.
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