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Form 5500 is due by July 31

Employers with employee benefit plans that operate on a calendar year basis must file their Forms 5500 with the DOL by July 31. An employer may extend this deadline by two and one-half months (until Oct. 15) by filing IRS Form 5558. This Compliance Bulletin summarizes the Form 5500 filing requirement and highlights the deadlines for calendar year plans.

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Employer Obligation regarding FMLA Leave

The DOL recently released an opinion letter that clarifies an employer's obligation to timely designate FMLA leave. According to the DOL, employers cannot delay designating an employee’s absence for an FMLA-qualifying reason as FMLA leave, even when the employee is using paid leave and does not request FMLA leave. The absence must also count against the employee’s annual FMLA leave entitlement.

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