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BOOK: Start Your Own Business
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The biggest mistake? Leaving employees out of the plan. Examples range from exclusions of part-timers to failing to extend benefits to clerical and custodial staff. A rule of thumb is that if one employee gets a tax-advantaged benefit—meaning one paid for with pretax dollars—the same benefit must be extended to everyone. There are loopholes that may allow you to exclude some workers, but don’t even think about trying this without expert advice.
FAMILY MATTERS
 
T
he federal Family and Medical Leave Act (FMLA) requires employers to give workers up to 12 weeks off to attend to the birth or adoption of a baby, or the serious health condition of the employee or an immediate family member.
 
 
After 12 weeks of unpaid leave, you must reinstate the employee in the same job or an equivalent one. The 12 weeks of leave does not have to be taken all at once; in some cases, employees can take it a day at a time.
 
In most states, only employers with 50 or more employees are subject to the Family and Medical Leave Act. However, some states have family leave laws that place family leave requirements on businesses with as few as ten employees, and in the District of Columbia all employees are covered. To find out your state’s requirements, visit the Labor Department’s website at
dol.gov/whd/contacts/state_of.htm
.
Such complexities mean it’s good advice never to go this route alone. You can cut costs by doing preliminary research yourself, but before setting up any benefits plan, consult a lawyer or a benefits consultant. An upfront investment of perhaps $1,000 could save you far more money down the road by helping you sidestep potholes.
Expensive Errors
 
Providing benefits that meet employee needs and mesh with all the laws isn’t cheap—benefits probably add 30 to 40 percent to base pay for most employees. That makes it crucial to get the most from these dollars. But this is exactly where many small businesses fall short, because often their approach to benefits is riddled with costly errors that can get them in financial trouble with their insurers or even with their own employees. The most common mistakes:

Absorbing the entire cost of employee benefits.
Fewer companies are footing the whole benefits bill these days. The size of employee contributions varies from a few dollars per pay period to several hundred dollars monthly, but one plus of any co-payment plan is that it eliminates employees who don’t need coverage. Many employees are covered under other policies—a parent’s or spouse’s, for instance—and if you offer insurance for free, they’ll take it. But even small co-pay requirements will persuade many to skip it, saving you money.

Covering nonemployees.
Who would do this? Lots of business owners want to buy group-rate coverage for their relatives or friends. The trouble: If there is a large claim, the insurer may want to investigate. And that investigation could result in disallowance of the claims, even cancellation of the whole policy. Whenever you want to cover somebody who might not qualify for the plan, tell the insurer or your benefits consultant the truth.

Sloppy paperwork.
In small businesses, administering benefits is often assigned to an employee who wears 12 other hats. This employee really isn’t familiar with the technicalities and misses a lot of important details. A common goof: not enrolling new employees in plans during the open enrollment period. Most plans provide a fixed time period for open enrollment. Bringing an employee in later requires proof of insurability. Expensive litigation is sometimes the result. Make sure the employee overseeing this task stays current with the paperwork and knows that doing so is a top priority.

Not telling employees what their benefits cost.
“Most employees don’t appreciate their benefits, but that’s because nobody ever tells them what the costs are,” says PRO’s Silverstein. Many experts suggest you annually provide employees with a benefits statement that spells out what they are getting and at what cost. A simple rundown of the employee’s individual benefits and what they cost the business is very powerful.
ABOVE AND BEYOND
 
W
hat does COBRA mean to you? No, it’s not a poisonous snake coming back to bite you in the butt. The Consolidated Omnibus Budget Reconciliation Act (COBRA) extends health insurance coverage to employees and dependents beyond the point at which such coverage traditionally ceases.
 
 
COBRA allows a former employee after he or she has quit or been terminated (except for gross misconduct) the right to continued coverage under your group health plan for up to 18 months. Employees’ spouses can obtain COBRA coverage for up to 36 months after divorce or the death of the employee, and children can receive up to 36 months of coverage when they reach the age at which they are no longer classified as dependents under the group health plan.
 
The good news: Giving COBRA benefits shouldn’t cost your company a penny. Employers are permitted by law to charge recipients 102 percent of the cost of extending the benefits (the extra 2 percent covers administrative costs).
 
The federal COBRA plan applies to all companies with more than 20 employees. However, many states have similar laws that pertain to much smaller companies, so even if your company is exempt from federal insurance laws, you may still have to extend benefits under certain circumstances. Contact the U.S. Department of Labor to determine whether your company must offer COBRA or similar benefits, and the rules for doing so.

Giving unwanted benefits.
A work force composed largely of young, single people doesn’t need life insurance. How to know what benefits employees value? You can survey employees and have them rank benefits in terms of desirability. Typically, medical and financial benefits, such as retirement plans, appeal to the broadest crosssection of workers.
 
e-FYI
 
To check out the financial strength of insurers you’re interested in, visit
ambest.com
. You have to register to access the A.M. Best ratings, but there’s no charge to use the service.
If workers’ needs vary widely, consider the increasingly popular “cafeteria plans,” which give workers lengthy lists of possible benefits plus a fixed amount to spend.
Health Insurance
 
Health insurance is one of the most desirable benefits you can offer employees. There are several basic options for setting up a plan:

A traditional indemnity plan, or fee for service.
Employees choose their medical care provider; the insurance company either pays the provider directly or reimburses employees for covered amounts.

Managed care.
The two most common forms of managed care are the Health Maintenance Organization (HMO) and the Preferred Provider Organization (PPO). An HMO is essentially a prepaid health-care arrangement, where employees must use doctors employed by or under contract to the HMO and hospitals approved by the HMO. Under a PPO, the insurance company negotiates discounts with the physicians and the hospitals. Employees choose doctors from an approved list, then usually pay a set amount per office visit (typically $10 to $25); the insurance company pays the rest.

Self-insurance.
When you absorb all or a significant portion of a risk, you are essentially self-insuring. An outside company usually handles the paperwork, you pay the claims, and sometimes employees help pay premiums. The benefits include greater control of the plan design, customized reporting procedures and cash-flow advantages. The drawback is that you are liable for claims, but you can limit liability with “stop loss” insurance—if a claim exceeds a certain dollar amount, the insurance company pays it.

Health savings accounts.
HSAs allow workers with high-deductible health insurance to make pretax contributions to cover health-care costs. A high-deductible plan is one that has at least a $3,050 annual deductible for self-only coverage and a $6,150 deductible for family coverage in 2010. Furthermore, annual out-of-pocket costs paid under the plan must be limited to $5,950 for individuals and $11,900 for families.
Employer contributions to HSAs are tax deductible, excludable from gross income, and are not subject to employment taxes. Employees can use these tax-free withdrawals to pay for most medical expenses not covered by the high-deductible plan.
Cost Containment
 
The rising costs of health insurance have forced some small businesses to cut back on the benefits they offer. Carriers that write policies for small businesses tend to charge very high premiums. Often, they demand extensive medical information about each employee. If anyone in the group has a pre-existing condition, the carrier may refuse to write a policy. Or if someone in the company becomes seriously ill, the carrier may cancel the policy the next time it comes up for renewal.
Further complicating matters, states are mandating certain health-care benefits so that if an employer offers a plan at all, it has to include certain types of coverage. Mandated benefits increase the cost of basic health coverage from less than 20 percent to more than 50 percent, depending on the state, according to a recent analysis from the Council for Affordable Health Insurance. Employers who can’t afford to comply often have to cut insurance altogether.
The good news: Some states have tried to ease the financial burden by passing laws that offer incentives to small-business owners who provide their employees with coverage. There are also ways to cut costs without cutting into your employees’ insurance plan. A growing number of small businesses band together with other entrepreneurs to enjoy economies of scale and gain more clout with insurance carriers.
 
e-FYI
 
Small-business owners can evaluate their options and generate a quote at no charge at
BenefitMall.com
(
benefitmall.com
). This site also offers electronic brochures, training videos and other useful information so you can know what you’re looking at when you compare plans for your business.
Many trade associations offer health insurance plans for small-business owners and their employees at lower rates. Your business may have only five employees, but united with the other, say, 9,000 association members and their 65,000 employees, you have substantial clout. The carrier issues a policy to the whole association; your business’s coverage cannot be terminated unless the carrier cancels the entire association.
Associations are able to negotiate lower rates and improved coverage because the carrier doesn’t want to lose such a big chunk of business. This way, even the smallest one-person company can choose from the same menu of health-care options that big companies enjoy.
BOOK: Start Your Own Business
12.19Mb size Format: txt, pdf, ePub
ads

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