Benefits Questions & Answers 

• What are some of the issues to consider when reducing wages in lieu of layoffs?

COBRA

• What happens if someone does not make the COBRA payment on time?
• What are the COBRA rights of an employee and spouse at retirement?
• How long does a person have to decide whether or not to elect COBRA?
• When do I have to give my employees information about COBRA?
• Do I have to offer COBRA coverage to someone who is on Family/Medical leave?

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Domestic Partners

• Are employers required to offer health insurance to domestic partners?
• I have an employee who has just informed me that she intends to marry her female partner. Is there anything I should do that would be different from how I would handle heterosexual couples getting married?

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Health and Medical

• Are employers required to offer health insurance to domestic partners?
• What job protection and benefits do we need to continue for an employee on disability leave?
• Is a chiropractor considered a 'health care provider' for medical leave certification purposes?

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HIPAA

• What is the purpose of the Health Insurance Portability and Accountability Act (HIPAA) privacy rule?
• When is an employer a “covered entity” under HIPAA?
• What does a “covered health plan” include under HIPAA?
• Are there times when a “covered entity” under HIPAA CAN disclose protected health information (PHI)?

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HIPP Notice

• Do I have to provide terminating employees with a HIPP Notice?

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Paid Family Leave

• Is a pregnant employee entitled to SDI?
• Is there a simple way I can figure out which leave of absence requests I must grant?
• I don’t have to comply with the family leave laws because I have less than 50 employees. Can my employees take paid family leave and do I need to distribute the paid family leave brochures to new employees?

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Retirement

• Regarding retirement plans, what is the difference between a “defined benefit plan” and a “defined contribution plan?”
• Can my company set a mandatory retirement age?

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Sick Pay

• May an employee get sick leave pay while on SDI?
• Am I required to provide sick leave for employees?
• Must I allow an employee to use sick time when his/her children are sick?
• What is a PTO policy?

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State Disability Insurance

• Is a pregnant employee entitled to SDI?
• May an employee get sick leave pay while on SDI?
• How long does someone have to wait before SDI benefits begin?
• How much will someone who is eligible to receive disability benefits get?
• Do I have to hold a job open or provide benefits for an employee who is out on state disability leave?

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Unemployment Insurance

• Am I required to provide a written termination notice for the UI program?
• Can an employee quit and still receive UI?
• Can I appeal or protest a decision awarding UI if I still think I should not have to pay?
• Do I have to post a UI poster and distribute UI pamphlets?
• Can a former out-of-state employee collect California UI?

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Vacations, Holidays and Paid Time Off

• What rules apply to personal days or floating holidays?
• Can I wait for a period of time before an employee starts earning vacation?
• Can I require that employees take vacation time only after they've earned it?
• Is it OK to vary benefits based on job duties, classification?
• Does an ownership change require a vacation payout?

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