Explore the Gallagher resource library

At Arthur J. Gallagher & Co., we try to learn everything we can about the industries we serve and the risks they may encounter. It’s a commitment that’s embedded in our corporate culture to expanding our expertise, continuing educational development and gathering topical updates to remain ahead of the curve.

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FMLA Targeted Compliance: Qualifying Exigency Leave

The Family and Medical Leave Act (FMLA) provides special rights to employees with family members in the military. In particular, if an employee’s family member is called to active military duty or is injured during military duty, federal law allows the employee to take time off from work to handle issues related to the family member’s service. Specifically, employees may take up to 12 workweeks of unpaid, job-protected leave in a twelve-month period to deal with certain issues (called “qualifying exigencies”) relating to the active duty or call to active duty of the employee’s spouse, son, daughter, or parent. To facilitate the process of determining whether an individual has a basis to take FMLA leave pursuant to a qualifying exigency, consider our targeted action items:

Tag(s): Health & Welfare; Compliance Consulting;

FMLA Targeted Compliance: Military Caregiver Leave

Family and Medical Leave Act (FMLA) military caregiver leave allows an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered servicemember, or a veteran with a serious injury or illness, to take up to a total of 26 workweeks of unpaid leave during a “single 12-month period” to provide care for the servicemember or veteran. The law allows military caregiver leave for up to 26 weeks in a year (that is 26 weeks total, not 26 weeks plus 12 weeks of FMLA leave for other reasons). To facilitate the process of determining whether an individual has a qualifying basis for military caregiver leave, consider our targeted action items:

Tag(s): Health & Welfare; Compliance Consulting;

Risk Management Safety Insight: Accountability Summary

For the past several months we have attempted to examine the issue of holding others accountable for their performance. We began by dismissing accountability as simply “punishment” but rather defined it as involving first the identification of either failure or success, followed by an examination of the underlying reasons for the failure/success and then the determination of the appropriate consequences to help sustain the success or eliminate the failure in the future.

Tag(s): Loss Control;

FMLA Targeted Compliance: Benefits After FMLA Leave

An employee returning from Family and Medical Act Leave (FMLA) leave cannot be required to requalify for any benefits that the employee had before leave began. Moreover, the employee’s benefits must be resumed in the same manner and at the same level as when the leave began, subject to any changes in benefit levels affecting the entire workforce (e.g., open enrollment changes). For example, if an employee had medical coverage for herself and her family prior to taking leave, she must immediately resume employee plus family coverage upon her return from leave, even if she dropped coverage during leave. To facilitate reinstatement of benefits, consider our targeted action items:

Tag(s): Health & Welfare; Compliance Consulting;

FMLA Targeted Compliance: Health Benefits During FMLA Leave

During any Family and Medical Act Leave (FMLA) leave, you must maintain an employee’s coverage under any group health plan on the same basis as coverage would have been provided if the employee had been actively at work. An employee’s entitlement to benefits other than group health benefits during FMLA leave (e.g., holiday pay) is determined by your established policy for providing those benefits when the employee is on other forms of leave (paid or unpaid, as appropriate). To facilitate continuation of group health benefits, consider our action items:

Tag(s): Health & Welfare; Compliance Consulting;