If you are in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you are equipped with the right information to keep everything on track throughout the year, from ACA to FLSA.
That is why we put together the HR compliance calendar, to bring you an important list of dates and deadlines you need to know to keep your workplace on track.
In this month’s compliance calendar, you will find the key topics to keep your Company up-to-date including employee awareness and required or recommended training.
| *NEW: Monthly Compliance Calendar Consultations – As a client of Guardian HR you already know how valuable it is to receive assistance from your dedicated consultant but did you know you also have a compliance consultant available to you as well. We will review your overall HR practices and procedures and set you up on a 12-month compliance agenda where you will have monthly meetings with your compliance consultant who will help you implement our recommendations. Ask your Dedicated Consultant to get you started with your Compliance Consultant today. There’s no additional cost. |
- Not applicable to HUB100 or GHR Hotline Clients
Holidays
- Administrative Professional’s Day – April 21
Important Dates and Deadlines for this Month
April 1
- For employer’s voluntary providing FFCRA paid leave beyond 12/31/2020, paid sick leave bank under FFCRA-type leave may be increased for another 80 hours, leave reasons, and leave amounts are expanded for tax credit reimbursement until September 30, 2020.
April 12
- Employees are required to report to you tips of $20 or more earned during March.
April 15
- Traditional deadline to submit individual federal tax returns. The IRS has extended this to May 17, 2021. Please check irs.gov for updates in light of COVID-19* State filing and payment deadlines vary and are not always the same as the federal filing deadline. Please check with state tax agencies for those details. *
April 29
- The 2019 and 2020 EEO-1 Component 1 data collection will open on Monday, April 26, 2021. The deadline for submitting 2019 and 2020 EEO-1 Component 1 data will be Monday, July 19, 2021.
April 30
- OSHA 300A Posting Period Ends
Topics to Discuss and/or Review
1.Review Time-Off Policies. For clients with access to the Forms Library, references to this section can be found in the folder “Vacation, PTO, Holidays.”
- Does the Company provide Vacation/Paid Time Off (PTO)?
- How does Vacation/PTO accrue or how is the time front-loaded?
- Who is eligible for Vacation/PTO/Holidays?
- Is the PTO/Vacation plan all-inclusive (i.e., is paid sick leave in vacation/PTO allotments)?
- Discuss with appropriate management to determine if employees cash out vacation hours at the end of the year if accrued vacation carries over year to year, or how vacation is paid out upon termination. (State laws vary).
- Can employees take out a vacation advancement?
- Does the Company allow personal leave separately from required leaves?
2. Determine if paid or unpaid leave requirements are required and review policies for any new laws such as Sick-Leave, FMLA, CFRA, Pregnancy-Related Leave, Parental Leave, Statutory Medical Leave, or any small necessities leaves. (Some Cities/States have their own requirements, please check. For clients with access to the Forms Library, references to this section can be found in the folders “Americans with Disabilities Act (ADA), “Leaves of Absence” and the folder “Sick Leave.”
- Check the State-by-State Charts:
- Paid Family Leave Requirements by State and Municipality. For clients with access to the Forms Library, this document can be found in the folder “Paid Family Leave (by State)”.
- Leave Laws by State and Municipality. For clients with access to the Forms Library, this document can be found in the folder “Leaves of Absence”.
- Paid Sick Leave by State and Municipality. For clients with access to the Forms Library, this document can be found in the folders “Sick Leave”.
- Pregnancy Accommodation Laws by State and Municipality. For clients with access to the Forms Library, this document can be found in the folder “Americans with Disabilities Act (ADA)” in the “Interactive Process and Reasonable Accommodation”.
- Domestic Violence, Sexual Assault and Stalking Leave and Accommodation Laws by State and Municipality. For clients with access to the Forms Library, this document can be found in the folder “Leaves of Absence” in the “Domestic Violence or Crime Related Leave” subfolder.
- Coronavirus (COVID-19) – State and Local Leave Laws. For clients with access to the Forms Library this document can be found in the folder “CORONAVIRUS” in the “State-Specific Information (Reopening, Unemployment, Orders)” subfolder.
- Check if any of these leaves require any employee notification, pamphlets, or information.
- Ensure all requirements for the leave are being followed i.e., leave for up to 12 weeks off for employees on FMLA, entitlements to reinstatement or job protection, no retaliation, etc.
3. Review payout for any paid leaves including under voluntary vacation and PTO policies.
- See State by State Charts listed above.
- Does your company pay the difference between State Disability and salary during a leave of absence?
4. Notify employees of any State Disability Insurance Unemployment Programs and Workers’ Compensation Programs.
- Make it clear, what is State’s monetary benefit? What is a part of the Company’s benefits program?
- Given circumstances for COVID-19, many States have issued their own response to how they are dealing with workforce issues related to the impact of COVID-19 on their daily operations. For clients with access to the Forms Library see the document “Coronavirus (COVID-19) – Workers’ Compensation” which can be found in the folder “CORONAVIRUS” in the “State-Specific Information (Reopening, Unemployment, Orders)” subfolder. As well it is recommended to see the document “COVID-19 – Temporary Disability Insurance and Unemployment Insurance” which can be found in the folder “CORONAVIRUS” in the “Benefits” subfolder.
5. Review request and medical certification forms for specific leaves. For clients with access to the Forms Library, references to this section can be found in the folders “Americans with Disabilities Act (ADA)”, “Leaves of Absence” and the folder “Sick Leave.”
6. Discuss with all employees (including supervisors and managers) the procedures for requesting the specific types of leaves the Company is legally obligated to provide or any leaves the Company offers. For clients with access to the Forms Library, references to this section can be found in the folders “Americans with Disabilities Act (ADA)”, “Leaves of Absence” and the folder “Sick Leave.”
- Make it clear, employees will not be harassed, discriminated against, or retaliated against for taking leaves under any policy.
- Are employees required to substitute any accrued vacation or sick leave before going on unpaid leave?
7. Review federal, state, and local requirements for complying with the laws of the Americans with Disabilities Act (ADA). For clients with access to the Forms Library, references to this section can be found in the folder “Americans with Disabilities Act (ADA).”
- Review policies like ADA Leave of Absence Policy or Temporary Disability Leave Policy.
- Ensure any considerations are done with equal employment opportunities in mind.
- Review ADA packet. For clients with access to the Forms Library see the document “ADA Packet” which can be found in the folder “Americans with Disabilities Act (ADA).”
- Must the Company provide Lactation Accommodations for pregnant employees? For clients with access to the Forms Library see the document “Lactation Breastfeeding Breaks and Facility Accommodation Requirements by State and Municipality” which can be found in the folder “Lactation Accommodation.”.
- Are there specific pregnancy-related rights in your Company’s State(s)? For clients with access to the Forms Library see the document “Pregnancy Accommodation Laws by State and Municipality” which can be found in the folder “Americans with Disabilities Act (ADA)” > “Interactive Process and Reasonable Accommodation” subfolder.
8. Review the Company’s Interactive Process for providing accommodations under the ADA. For clients with access to the Forms Library, references to this section can be found in the folder “Americans with Disabilities Act (ADA).”
- Go over the Reasonable Accommodation, Analysis, Checklist, and Decision Guide.
- Is medical certification required?
- Review Undue Hardship Considerations and pre-termination guidelines.
9. Review continuation of benefits, and back to work procedures after taking a leave of absence. For clients with access to the Forms Library, references to this section can be found in the folders “Americans with Disabilities Act (ADA)”, “Leaves of Absence” and the folder “Sick Leave.”
- Determine if the type of leave requires specific rules for the continuation of benefits and/or any guarantees for reinstatement.
- Determine if an employee goes on leave how much the Company’s contribution to premiums will be and for how long.
Tips
More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7.
Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on your company’s plans. We encourage you to consult with your insurance brokers, plan administrators, and/or your ERISA and tax advisors for further guidance.
For the most current information on certain tax-related or benefit-related documents or forms provided by the IRS, or other sources, please check with a tax professional, benefit professional, and/or the correlating websites (i.e. irs.gov/LatestForms, etc.).
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