News

We are pleased to announce the release of SharedHR 7.16, which reflects our commitment to providing continuously updated HR compliance information and resources to assist our clients in managing their HR function.  SharedHR 7.16 went live at 3pm (PST) on March 25, 2009, and, as is our practice, resulted in no service interruptions on the site.  We encourage all SharedHR Administrators to login to SharedHR and see what’s new.

With the start of the new year, SharedHR Administrators are provided with important state-specific and federal compliance updates that impact policies in the SharedHR Handbook and various forms and documents in the SharedHR Library. Our updates include the new model COBRA notices released by the U.S. Department of Labor (DOL) to implement the COBRA subsidy provisions of the recent stimulus legislation. This release also includes new and updated leave documents and handbook language due to the expansion of the Family and Medical Leave Act (FMLA) since its enactment in 1993.

Attached to this notification, we have provided a model Employee Handbook & Compliance Update Memo that HR Administrators can use to communicate information of these changes to their employees and managers.  Employers must notify employees when handbooks and policies change.  We encourage you to refer to the attached model communication as a base for your communication.

In addition to the compliance and content updates, we are pleased to introduce the following new feature:  Online Time Off Request, Approval, Recording Tool

Compliance & Content Updates - 2009

New and Updated Forms and Documents in the Document Library
Given ongoing changes in state and federal laws, we have posted many new or updated forms and documents in the SharedHR Document Library.  In the Manage Library Documents section of SharedHR, documents with a 1/15/09 date in either the Last Review Date or Last Upd Date column indicate that the SharedHR model is either new, or has been recently reviewed for sufficiency and/or updated.  You can review new or updated versions of documents by clicking on the title.

Documents with a red date in the Last Upd Date column indicate that the SharedHR model is new or has been more recently updated than your current version.  If you use a customized version (i.e. not a SharedHR standard document), you can review our new or updated model to see what differences exist that may need to be added to your current model. 

Please see below for a list of forms and documents that have either been added to or updated in the SharedHR Library.  (Please note that these forms and documents may or may not be relevant to you depending on the states for which you have purchased SharedHR compliance):

In the Compliance & Training section:

• Alternative Workweek Schedule Checklist
• Alternative Workweek Schedule Proposal and Disclosure
• Common Law Factors
• Earned Income Tax Credit
• Employee Polygraph Protection Act
• Employer Statutory Compliance Summary
• Equal Employment Opportunity is the Law
• Federal Statutory Compliance Summary
• Guidelines for Labor Law Compliance Posters
• Industrial Wage Orders 1-17
• IRS Common Law Factors
• Occupational Safety & Health Act
• Pregnancy Disability Leave
• Results of an Alternative Workweek Election Letter
• Rights Under USERRA
• Summary Tests for Exempt v. Non-Exempt Status
• Time Off for Voting Notice
• Unemployment-Disability-Paid Family Leave Notice

In the Leaves of Absence section:

• CA – Medical Certification for Employee’s Serious Health Condition (new)
• CA – Medical Certification for Pregnancy Disability (new)
• CA – Model FMLA Military Leave Letter
• Checklist for Family and Medical Leaves of Absences
• Denial of Leave Request Letter
• Disability Analysis And Accommodation Checklist
• Disability Leave Eligibility Summary
• DOL - Certification for Serious Injury or Illness of Covered Servicemember (new)
• DOL - Certification of Qualifying Exigency for Military Family Leave (new)
• DOL - Designation Notice (new)
• DOL - Medical Certification for Employee's Serious Health Condition (new)
• DOL - Medical Certification for Family Member's Serious Health Condition (new)
• DOL - Notice of Eligibility and Rights & Responsibilities (new)
• Employee Rights and Responsibilities under FMLA (new)
• Integration of Family and Medical Leave Entitlements
• Medical Certification for Employee's Serious Health Condition
• Model FMLA/CFRA Leave Letter
• Model FMLA Leave Letter
• Model FMLA Military Family Leave Letter
• Model FMLA/CFRA Pregnancy Leave Letter (new)
• Model FMLA/CFRA with Paid Family Leave Benefits Letter (new)
• Model Non-FMLA CFRA/CFRA Pregnancy Leave Letter
• Non-FMLA Disability Leave Letter
• Paid Family Leave Fact Sheet
• Personal Leave Letter
• SDI Fact Sheet
• SDI Provisions
• State Disability Insurance Claim Form

In the Payroll section:

• 2009 Payroll and Holidays Calendar
• Pay Requirements by State Matrix
• Time Tracking and Leaves Process Map
• Timesheet

In the Policies section:

• Handbook/Policy Exception Letter
• Sample Travel Policy
• Workplace Violence Prevention Guidelines

In the Recruiting & Hiring section:

• 2009 W-4 Form
• Applicant Checklist
• Application for Employment
• Confidentiality and Proprietary Rights Agreement
• General Notice of COBRA Continuation Rights
• Interview Guide
• Job Analysis Questionnaire
• Model Job Descriptions
• New Hire Announcement
• New Hire Process Map
• Open Positions Report
• Orientation Checklist
• Reference Check Release
• Report of New Employee(s)
• Sexual Harassment Pamphlet
• State Income Tax Withholding
• Statement of Intent To Employ A Minor
• Summary of Benefit Program
• Thanks, but No Thanks Letter
• Workers' Compensation Fact Sheet

In the Staff Files section:

• 2009 Attendance Calendar
• Compensation Status/History
• Emergency Contact Form
• New Hire Offer Authorization
• Personal Physician Predesignation Form

In the Performance Management section:

• Base Compensation Guiding Principles
• Compensation Tools
• Incentive Compensation Guiding Principles
• Performance Management Process Map
• Professional Performance Review Form
• Timeline Tracking

In the Separations section:

• Disciplinary & Separations Process Map
• Federal HIPAA Notice
• HIPP Notice
• Notice of Voluntary Resignation
• Separation Checklist
• Separation Notice
• Separations Log
• Termination Letter
• Unemployment Information
• Unemployment Insurance Benefits
• DOL’s Model COBRA ARRA Notices (new) 
   
• COBRAgeneralnoticefullversion.doc – the General Notice combines the content of the pre-existing COBRA model notice with notice of the new ARRA provisions.  This notice is to be sent by plans subject to the Federal COBRA provisions to all qualified beneficiaries (not just covered employees) who experience any qualifying event at any time from September 1, 2008, through December 31, 2009.

• COBRAgeneralnoticeabbreviatedversion.doc – the abbreviated General Notice includes the same information as the full version regarding the availability of the premium reduction and other Stimulus Package rights, but does not include the regular COBRA coverage election information.  Plans may send the abbreviated notice to individuals who: (a) experienced a qualifying event during, on, or after September 1, 2008; (b) who have already elected COBRA coverage; and (c) still have COBRA coverage.
   
• COBRAalternativenotice.doc – the Alternative Notice applies when the plan is subject to State rather than Federal COBRA laws.
   
• COBRAextendedelectionperiodnotice.doc - the Continuation Coverage Additional Election Notice includes information on the Stimulus Package’s additional election opportunity, as well as premium reduction information.  It is to be provided by April 18, 2009 to any “assistance eligible individual” (or any individual who would be an assistance eligible individual if a COBRA continuation election were in effect) who: (a) had a qualifying event at any time from September 1, 2008, through February 16, 2009; and (b) either did not elect COBRA continuation coverage, or who elected it but subsequently discontinued COBRA.

Employee Handbook Updates
There have been several new laws introduced for 2009 that should be reflected in company policy.  We have updated the SharedHR Employee Handbook platform in 7.16 to incorporate the recommended policy language changes.  As is SharedHR’s continued practice, all of our policy changes are reviewed by legal counsel so that our clients can rest assured that their employment risk is significantly reduced.   

We encourage all our clients to update their current handbooks as soon as possible to comply with the new and clarified laws by following the guidelines below.

Updating your SharedHR Employee Handbook(s) is a straightforward process.  Under Administration Tools, clicking on Update Company Information and Handbook(s) takes you to the Update Handbook(s) section of the site.  Unless you have already started a draft version of your currently released Handbook, you will be prompted to do so.  Once in draft mode, you can review and answer the questions on each tab and make any of your own changes to reflect your current company policy and procedures.  Be sure to “save” your changes at the end of each page.  (Remember you can review the Draft Handbook version, and compare it to your Current (Released) Handbook version by clicking on the options in the upper right hand corner of the Handbook set up screen).  Lastly, be sure to review the updated language and familiarize yourself with the changes (as listed below) prior to releasing the updated Employee Handbook to your employees.

The following sections have been updated (depending on the states in which you operate) to reflect the changes made in 2009 State and Federal laws, court cases and regulatory guidelines: 

• Crime Victim Leave
• Definitions
• Discrimination and Harassment
• Domestic Violence Leave
• Drugs and Alcohol
• Equal Employment Opportunity
• Electronic Communications/Media
• Family and Medical Leave 
• Military Leave
• Pay Policies and Procedures
• Protecting Personal Information
• Purpose of the Handbook
• Sexual Harassment
• Sick Leave
• Smoking

In addition to the policies listed above, we have summarized some of the more significantchanges for 2009:

• Family and Medical Leave Act - The Department of Labor (DOL) has issued its Final Rules regarding the latest changes to FMLA effective January 19, 2009.  This clarifies Military Leaves to care for injured or ill “service members” as well as for exigencies arising from members of the Reserves or National Guard being called into active duty.  The new DOL Rules clarify, in some detail, the notice and certification requirements for both employers and employees as well as many additional clarifications and updates.
• ADA Amendments Act (ADAAA) - This update to the Americans with Disabilities Act (ADA) takes effect January 1, 2009.  It expands the existing lists of major life activities and bodily functions that are covered by ADA as well as mandates that mitigating measures aside from “ordinary eyeglasses or contact lenses” not be used in making a determination of disability.  The update clarifies that an employee whose only protected characteristic is being “regarded as” disabled is not entitled to a reasonable accommodation.
   
• Washington: Employees who themselves are or who are closely related to someone who is a victim of domestic violence, sexual assault, or stalking, are entitled to unpaid, job-protected leave for medical treatment, legal proceedings, social services, mental health counseling, or safety related actions.  The amount of leave that can be taken is that which is reasonable under the circumstances. 
• Oregon: Employees at worksites with six or more employees are eligible for unpaid leave to attend criminal proceedings if the employee was a victim of certain felony crimes or if an immediate family member was the victim of such crimes.
• Pennsylvania: The Pennsylvania Clean Indoor Air Act prohibits smoking within enclosed workplace areas as of September 11, 2008.
• Massachusetts: New data security regulations have been passed.  The regulations establish minimum standards for protecting and storing personal information about Massachusetts’s residents contained in paper or electronic format.  The regulations apply to any businesses or individuals that own, license, store or maintain personal information about a Massachusetts resident.  Therefore, they may even cover businesses or individuals having no presence in Massachusetts, as long as these entities possess the personal information of any Massachusetts resident.
  Employees are protected from discrimination on the basis of marital status.
• California:  People are now protected from discrimination on the basis of genetic characteristics.  A new law prohibits engaging in written, electronic communication (i.e. text messaging) while driving.  Regulations regarding pay frequency for temporary workers, requirements for employee certification of time sheets, and overtime exceptions for computer professionals have changed as well.  For more information on California employment law updates, please subscribe to the SharedHR Management Bulletin.
• District of Columbia:  The Accrued Sick and Safe Leave Act mandates that employers grant employees sick time for every hour worked beginning on the first day of employment which can then be used after the ninetieth day of service.  The amount of time a company is required to grant varies by the number of employees a company has.  The time accrued is available for an employee’s own physical or mental illness or that of a family member or for time off to deal with the repercussions of the employee or a family member being the victim of stalking, domestic or sexual violence.

Online Time Off Request, Approval, Recording Tool

With this release, SharedHR now provides the ability to request, approve, and record paid time off directly in the site. 

Employees will have the ability to request paid time off (vacation or PTO) directly from the User Tools section on the Homepage.  Once the request is entered, an email will be sent to the selected manager leading them to approve or deny the request in SharedHR. 

If you are interested in reviewing the Online Time Off Request, Approval, Record functionality or having this option available to your employees, please contact us at Client Services.

Members of our Client Services department are always available to support your efforts to maximize your investment in SharedHR.  Contact us at Client Services, or give us a call at 800-886-9478 if you have any questions at all.