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The Family and Medical Leave Act (FMLA) passed in 1993 extended legal rights and protections to employees caring for themselves or family members in times of medical need.

The FMLA can be difficult for both employees and employers to navigate. And, as with many laws, gaps in coverage cause result in situations that are fundamentally unfair or divergent from the purpose of the law. Unfortunately, our men and women serving in the military and their families were not explicitly covered by this pre-911 law.

The Small Business Administration is urging victims of the Atlanta Georgia area flooding that occurred from September 18 through October 8, 2009, to complete and return applications for emergency assistance and loans by November 23, 2009.

The SBA is concerned that many business and home owners will not have settled with their insurance company by that time. Thus, the victim will not know what portion of the damage will be covered by insurance and what portion will need to be covered by a loan. The SBA is urging victims to complete and return the paperwork even if the amount of the insurance settlement is unknown. The SBA will make the full loan in return for reimbursement when settlement insurance proceeds are recovered.

It is open enrollment season for many employer-sponsored health plans. 2010 figures to be an interesting year as employers look at ways to trim costs and provide for their employees. Employers provide such benefits to encourage retention and to retain high-value employees and open enrollment offers the employer the challenge of educating the employee about their benefits. I have an article with helpful tips for employers working through open enrollment.

Another factor this year is the effect of the Genetic Information Nondiscrimination Act of 2008 (GINA). This Act will be in effect for 2010 health plans and prevents employers from seeking genetic information for purposes of determining health plan premium rates.

I visited Washington, D.C. over the weekend, arriving last Thursday. My thanks goes to the Office of Congresswoman Betty Sutton for arranging and guiding my kids on an excellent tour of the U.S. Capitol.

The weather was terrible, but it was exciting to be “inside the beltway” during a time when the health insurance reform debate is in full swing. It is easy to direct anger at “Congress” as a generic concept. However, when you walk the halls of the Longworth or Rayburn buildings where the Representatives work, it really puts a human face on federal government. Small offices, diligent staff, red badges, green badges, vending machines, security, and a House Floor that is really not as big as it looks on CSPAN, are all images that remain with me.

During press briefings last week, White House Press Secretary Robert Gibbs stated, in answer to questions about employment and job creation, that the White House may be looking at extending COBRA premium assistance past January 1, 2010. Mr. Gibbs stated, “the President — some of the things the President is talking about there — obviously there are a number of ideas that have been implemented that are coming to a legislative end, whether it is…extending certain unemployment benefits, whether we’re looking at the notion of extending some of the COBRA benefits.”

This is a site about business insurance, so this post may be a bit out of context.

There is a phishing/trojan e-mail scam going around. The e-mail (got one this morning) is very official looking. It claims to come from the IRS and claims that the recipient has “unreported” or “under-reported” income. It includes a link. It is a scam. Do not open the e-mail and do not open the link.

The IRS does not send out e-mails like this. The IRS has posted information about the scam on its site.

I am a sucker for insurance fraud stories. The bad guys come up with ingenious methods of committing fraud and I am often just stunned that someone comes up with some of these schemes. In most cases, the bad guys get caught…eventually. Fraud steals from every legitimate insured business. And, because these are bad guys and thieves, I enjoy reading about their capture and demise.

As a kid, prior to being old enough to drive, I remember sitting in the back seat of an old station wagon while adult relatives discussed Ohio moving to mandatory auto insurance. See, at the time, auto insurance was optional. That meant when some truly horrific accidents happened those involved could not pay their hospital and repair bills because the other guy was uninsured.

But, what I remember most, was hearing a claim by some insurance industry representative that auto insurance rates would decline by 25% or more if everyone was required to purchase auto insurance. I recall an uncle stating that claim was a lie. Seemed harsh. Harsh, but prescient. Ohio did pass mandatory auto insurance, rates never declined, and competition was non-existent.

For those observing Yom Kippur, I wish you an easy fast.

If you are a business owner in Georgia recovering from recent flooding, here are a list of resources that may help:

• The Georgia Department of Insurance website has a number of links to insurers and general information.
• The National Flood Insurance Program website is another website with links and information.
• The Georgia Department of Insurance Consumer Services Division is available to answer questions at 404-656-2070 or toll-free at 1-800-656-2298 from 8 a.m. to 7 p.m. Monday through Friday.

There are a few things that insurers seem to do wrong over and over and over again. Sometimes these are little things. Other times, like when your car is disabled, a child is sick, or your business is flooded, these little annoyances become traumatic experiences that quickly turn even the most capitalistic among us into insurance company hating zealots.

I invite you to share your experiences with others. Here are some of my observations:

• Failing to work Business Hours Based on Eastern Standard Time – With all due respect to California, most people in the U.S. live in the EST. Customer service should be available from 9 a.m. to 5 p.m. EST and preferably before and after work hours.