: Samuel Lamont had a sick parent and took FMLA leave from the in .NET

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Example: Samuel Lamont had a sick parent and took FMLA leave from the
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Humble Pie Company in order to care for her Prior to his leave of absence, he paid $120 per month as his share of the cost of a company-provided medical insurance plan During the leave, the company changed the employee share of the insurance for all employees to $160 Mr Lamont concluded that he could not afford this additional cost, and stopped paying for his share of the insurance The company accordingly warned him in writing that coverage would be dropped and then did so after payment became 30 days overdue When he returned from leave, the company was required to restore his medical coverage
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Because of the large number of provisions of the FMLA and its cost impact on both the employer and employee, it is most useful for the employer to fill out a formal, detailed response to a request for a leave of absence, copies of which should go to the employee s file as well as the employee The Department of Labor has issued a sample report that covers the key provisions of the FMLA, which is reproduced in Exhibit 91 This form, Number WH-381, may be downloaded in Acrobat PDF format from the Department of Labor s website at wwwdolgov
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Exhibit 91
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Exhibit 91
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Upon returning from a leave of absence, an employee must be given the same or equivalent job, with the same level of pay and benefits that he or she had before the leave However, no additional leave or seniority accrues during the term of an employee s leave of absence In certain cases where job restoration would cause significant economic damage to an employer, key positions will not be restored to returning employees A key position is defined as a salaried employee whose pay is in the top ten percent of all employees
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It is common practice for a company to provide group term life insurance to its employees as part of a standard benefit package This requires some extra reporting from a tax perspective, however If the amount of the life insurance benefit exceeds $50,000, the company must report the incremental cost of the life insurance over $50,000 (to the extent that the employee is not paying for the additional insurance) on the employee s W-2 form as taxable income In the less common case where the company provides life insurance that results in some amount of cash surrender value, then the cost of this permanent benefit to the employee must also be included in the employee s W-2 form The only case in which these costs are not included on an employee s W-2 form is when the company is the beneficiary of the policy, rather than the employee The opposite situation arises if the company is providing life insurance only to a few key employees, rather than to all employees; in this case, the entire cost of the insurance must be reported on the employee s W-2 form as taxable income
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There are an enormous variety of retirement plans available, each of which has a slightly different treatment under the tax laws, resulting in varying levels of investment risk to the employee or different levels of administrative activity In this section, we will give a brief overview of each type of retirement plan A qualified retirement plan is one that is designed to observe all of the requirements of the Employee Retirement Income Security Act (ERISA), as well as all related IRS rulings By observing these requirements, an employer can immediately deduct allowable contributions to the plan on behalf of plan participants Also, income earned by the plan is not taxable to the plan In addition, participants can exclude from taxable income any contributions they make to the plan, until such time as they choose to withdraw the funds from the plan Finally, distributions to participants can, in some cases, be rolled over into an Individual Retirement Account (IRA), thereby prolonging the deferral of taxable income There are two types of qualified retirement plans: Defined Contribution Plan This is a plan in which the employer is liable for a payment into the plan of a specific size, but not for the size of the resulting payments from the plan to participants Thus, the participant bears the risk of
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the results of investment of the monies that have been deposited into the plan The participant can mitigate or increase this risk by having control over a number of different investment options The annual combined contribution to this type of plan by both the participant and employer is limited to the lesser of $40,000 or all of a participant s annual compensation Funds received by participants in a steady income stream are taxed at ordinary income tax rates and cannot be rolled over into an IRA, whereas a lump sum payment can be rolled into an IRA Some of the more common defined contribution plans are: 401k Plan This is a plan set up by an employer, into which employees can contribute the lesser of $13,000 or 15 percent of their pay, which is excluded from taxation until such time as they remove the funds from the account All earnings of the funds while held in the plan will also not be taxed until removed from the account Employers can also match the funds contributed to the plan by employees, and also contribute the results of a profit sharing plan to the employees 401k accounts The plan typically allows employees to invest the funds in their accounts in a number of different investment options, ranging from conservative money market funds to more speculative small cap or international stock funds; the employee holds the risk of how well or poorly an investment will perform the employer has no liability for the performance of investments Withdrawals from a 401k are intended to be upon retirement or the attainment of age 59 1 2, but can also be distributed as a loan (if the specific plan document permits it) or in the event of disability or death
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ployees for the first three percent of pay they contribute into a 401k plan Ms Sally Reed elects to have eight percent of her pay contributed to the 401k plan each month Her monthly rate of pay is $3,500 Accordingly, the company deducts $280 from her pay (8% $3,500) The company then adds $105 to her contribution (3% $3,500) Consequently, the total contribution to her 401k plan is $385, which is comprised of $280 contributed by Ms Reed and $105 contributed by the company
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403b Plan This plan is similar to a 401k plan, except that it is designed specifically for charitable, religious, and education organizations that fall under the tax-exempt status of 501(c)(3) regulations It varies from a 401k plan in that participants can only invest in mutual funds and annuities and also in that contributions can exceed the limit imposed under a 401k plan to the extent that participants can catch up on contributions that were below the maximum threshold in previous years Employee Stock Ownership Plan (ESOP) The bulk of the contributions made to this type of plan are in the stock of the employing company The
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