FMLA Compliance Snapshot
March 24, 2023
FMLA Compliance Snapshot

*For employers with over 50 full-time or full-time equivalents (FTE) employees


FMLA: Employee Notice of Leave

The federal Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with unpaid, job-protected leave for qualifying reasons. Under the law, employees must provide employers with notice of their need for FMLA leave.


Content of an Employee’s Notice

An employee’s notice of a need for FMLA leave may be oral or written. The first time the employee requests leave for a qualifying reason, they are not required to mention the FMLA. However, they must provide enough information for the employer to know the leave may be covered by the FMLA.


Notice of Foreseeable Leave

Generally, an employee must give at least 30 days’ advance notice of the need to take FMLA leave when he or she knows about the need for the leave in advance and it is possible and practical to do so. If an employee fails to meet this requirement, the employer may delay the FMLA leave for 30 days after they receive notice. For foreseeable leave, the employee must also indicate when and how much leave is needed.


Notice of Unforeseeable Leave

When the need for leave is unexpected, the employee must provide notice as soon as possible and practical. It should usually be reasonable for the employee to provide notice of leave that is unforeseeable within the time required by the employer’s usual and customary notice requirements. Whether the employee’s notice of unforeseeable leave is timely will depend on the facts of the situation.


Notice of Leave for a Qualifying Military Exigency

Employees must give notice of the need for FMLA leave for a qualifying exigency of a military family member as soon as possible and practical, regardless of how far in advance the leave is needed. 


Employer’s Usual Policies

  • In general, employers may require employees to comply with their usual and customary policies for requesting leave unless unusual circumstances prevent the employee from doing so.


  • The employer can take action under its internal rules and procedures if the employee fails to follow its usual and customary rules for requesting leave.


Planned Medical Treatment

  • When planning medical treatment, the employee must consult with the employer and make a reasonable effort to schedule the treatment so as not to unduly disrupt the employer's operations, subject to the approval of the health care provider.


FMLA: Serious Health Condition

The federal Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with unpaid, job-protected leave for qualifying reasons. Qualifying reasons include needing time off due to the employee’s own serious health condition and caring for a spouse, son, daughter or parent who has a serious health condition.


Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. It does not include routine medical examinations, such as a physical, or common medical conditions, such as an upset stomach, unless complications develop.


Types of Serious Health Conditions

Inpatient care means an overnight stay in a hospital, hospice or residential medical care facility and any period of incapacity or subsequent treatment in connection with the overnight stay.  Health conditions are also considered serious if they require continuing treatment by a health care provider. Such conditions include:

  • Incapacity plus treatment involving a period of incapacity of more than three consecutive, full calendar days, with follow-up treatment;
  • Any period of incapacity due to pregnancy or prenatal care;
  • ·Any period of incapacity due to a chronic serious health condition requiring health care provider visits at least twice a year and recurring over an extended period;
  • A period of incapacity due to a permanent or long-term condition for which treatment may not be effective but requires the continuing supervision of a health care provider; and
  • Conditions requiring multiple treatments, which specifically include surgery after an accident or other injury, or a condition that would likely result in incapacity of more than three days without treatment.


Incapacity

  • Inability to work, including being unable to perform any one of the essential functions of the employee’s position; or
  • Inability to attend school or perform other regular daily activities due to the serious health condition, treatment of the serious health condition, or recovery from the serious health condition.


Incapacity Plus Treatment 

Incapacity of more than three consecutive days and subsequent treatment or incapacity relating to the same condition that also involves:


  • Two or more in-person visits to a health care provider for treatment within 30 days of the first day of incapacity. The first visit must be within seven days of the first day of incapacity; or
  • At least one in-person visit to a health care provider for treatment within seven days of the first day of incapacity, resulting in a regimen of continuing treatment under the health care provider’s supervision.


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February 10, 2026
Today, February 10, 2026, marks Safer Internet Day, a global initiative focused on creating a safer, more responsible digital world. The event is coordinated in the United States by ConnectSafely and is recognized in more than 100 countries worldwide. This year’s theme, “Smart tech, safe choices: Exploring the safe and responsible use of AI,” could not be more timely. While much of the conversation centers on children and young people, employers have an equally important role to play. Artificial intelligence is already embedded in the workplace, whether through productivity tools, hiring platforms, data analysis, customer interactions, or everyday decision-making. The question for employers is no longer whether AI is being used, but how responsibly and thoughtfully it is being integrated into work environments. Why Safer Internet Day Matters in the Workplace AI and smart technology do not just affect personal browsing habits. They influence how employees communicate, create content, analyze information, and make decisions. Without clear guidance, organizations can face real risks, including data privacy concerns, compliance issues, reputational damage, and erosion of trust. Safer Internet Day serves as a reminder that responsible technology use is not just an IT issue. It is a people, policy, and culture issue, and employers play a critical role in setting expectations. Smart Tech Requires Clear Choices at Work The theme “smart tech, safe choices” translates directly to the workplace. Employees are navigating tools that can generate content, summarize data, automate tasks, and make recommendations, sometimes without fully understanding limitations, bias, or data exposure risks. For employers, this raises important questions: Are employees clear on when and how AI tools can be used at work? Do existing policies address data security, confidentiality, and accuracy when using AI? Are managers equipped to guide teams responsibly, not just efficiently? Responsible AI use starts with clarity. When expectations are clear, employees are better positioned to make good choices without fear or confusion. Key Areas Employers Should Be Thinking About Safer Internet Day 2026 highlights several focus areas that directly apply to business environments. Generative AI AI tools can boost productivity, but they can also introduce risk if employees unknowingly share sensitive data or rely on outputs without validation. Employers should provide guidance on acceptable use, data boundaries, and accountability. Media Literacy and Critical Thinking AI-generated content can blur the line between fact and fiction. Encouraging critical thinking helps employees evaluate information, verify sources, and avoid spreading misinformation internally or externally. Civility and Workplace Culture Digital tools shape how people communicate. Employers set the tone for respectful, professional online interactions, whether through email, chat platforms, or AI-assisted communication. Wellness, Identity, and Self-Respect Always-on technology and AI-driven performance pressure can contribute to burnout or insecurity. Employers who acknowledge these realities and promote healthy boundaries help support long-term employee well-being. Scams, Fraud, and Social Engineering AI has made scams more sophisticated. Training employees to recognize phishing, deepfakes, and impersonation attempts is now a critical part of risk management. What Employers Can Do, Starting Now You do not need a perfect AI strategy to make progress. Even small, intentional steps can help create a safer, smarter digital workplace. Review existing policies to see where AI and smart technology use should be addressed or clarified. Communicate clear expectations around data protection, confidentiality, and responsible use. Equip managers to have informed conversations with their teams about AI tools. Encourage questions and transparency rather than silent experimentation. Treat responsible technology use as an ongoing conversation, not a one-time rollout. These actions signal to employees that technology is meant to support their work, not create risk or uncertainty. A Shared Responsibility for a Better Internet and a Better Workplace Safer Internet Day’s broader message, “Together for a Better Internet,” applies just as much inside organizations as it does online. Employers, leaders, and employees all share responsibility for how technology is used and how its impact is managed. When organizations approach AI with intention, clarity, and care, they create workplaces that are not only more productive, but also more secure, ethical, and human. At Simco, we work with employers to navigate the evolving intersection of technology, people, policy, and risk. If you are thinking about how AI and smart technology fit into your workplace and how to guide employees responsibly, we are here to help .
January 23, 2026
Severe weather can disrupt business operations faster than almost anything else. From winter storms and flooding to extreme heat, wildfires, and hurricanes, these events don’t just impact buildings and schedules; they impact people, payroll, compliance, and decision-making in real time. For employers, the question isn’t if severe weather will affect your workforce, but whether you’re prepared when it does. Organizations that plan ahead are better positioned to protect employees, maintain trust, and avoid costly missteps when conditions change quickly. Preparation Starts Before the Weather Hits When severe weather develops, decisions often need to be made quickly. Power outages, road closures, and evacuation orders can disrupt normal operations with little warning. The best way to navigate these moments is to lay the groundwork ahead of time, so you’re not starting from scratch when conditions change. Start by taking a proactive approach: Identify the types of severe weather most likely to affect your workforce based on geography and job roles Outline clear safety and response plans so employees know what to do and who to contact Communicate expectations in advance, including how closures, remote work, and updates will be handled Preparation isn’t about anticipating every possible outcome. It’s about giving your organization a reliable framework to make decisions calmly, communicate clearly, and adapt as circumstances evolve. Understanding Your Responsibility as an Employer As an employer, you are responsible for providing a work environment that keeps people safe, even when conditions outside your control create added risk. Workplace safety laws, including OSHA’s General Duty Clause, require you to address recognized hazards that could lead to serious harm, and severe weather can quickly introduce or intensify those hazards. Beyond OSHA, additional state and local regulations, industry-specific standards, and insurance requirements may come into play depending on where and how your employees work. Taking time to understand how these obligations align with your policies, procedures, and day-to-day operations helps you respond more confidently when weather conditions threaten employee safety. Assessing Risk Across Your Workforce No two workforces face the same risks. A meaningful severe weather plan starts with understanding how geography, job duties, and work environments affect exposure. Key questions to consider include: What types of severe weather are most common where employees live and work? Which roles are essential during disruptions, and which can be performed remotely? How could weather events impact commuting, utilities, or workplace safety? Once you have a clearer picture of these risks, document practical safety measures, outline contingency plans, and clearly identify points of contact. When employees know who to reach out to and what steps to follow, they can respond more confidently and safely as conditions change. Communication When It Matters Most Power outages, spotty internet, and overwhelmed phone networks can make it difficult to reach employees at the exact moment guidance is needed. Thinking through communication ahead of time, even at a high level, can make a meaningful difference when conditions change quickly. Start by deciding how you will share updates if your usual tools are unavailable. This might mean designating an alternate way to send messages, choosing a single place where updates will be posted, or clarifying who is responsible for communicating next steps. Even a simple, centralized approach can help employees know where to look for information and what to expect if they don’t hear from you immediately. Clear direction, shared as early as possible, reduces uncertainty and helps employees make safe decisions without guessing. When people understand how and when updates will be provided, they’re better equipped to respond calmly, even if communication is delayed or limited. Attendance, No-Shows, and Real-Life Constraints Severe weather can prevent employees from reporting to work for reasons beyond their control, including unsafe travel conditions, school closures, or power outages. While attendance policies play an important role in normal operations, emergencies often require a more flexible approach. How these situations are handled can shape employee trust long after the weather clears. Allowing for management discretion during severe weather events gives leaders the ability to respond thoughtfully to individual circumstances. Taking time to understand what employees are dealing with, communicating expectations clearly, and offering reasonable alternatives when possible can go a long way. Flexibility during these moments not only supports safety, but also reinforces engagement, loyalty, and confidence in leadership. When Employees Don’t Feel Safe Traveling Even when your workplace remains open, some employees may not feel safe commuting. Encourage open, honest conversations so concerns can be addressed early, and be prepared to offer practical alternatives such as temporary remote work, adjusted schedules, or time off when appropriate. It’s also helpful to understand what support may already be available through your business insurance coverage, as some policies include provisions for lodging, travel, or temporary relocation for employees in critical roles. Reviewing these options with your insurance advisor ahead of time can provide clarity and help you make timely, confident decisions when severe weather impacts operations. Closures and Pay Weather-related closures raise important wage and hour questions. Nonexempt employees generally must be paid only for hours worked, though employers may choose to pay or require PTO use based on policy. Exempt employees are typically entitled to their full salary for any week in which they perform work, even if the business closes for part of the week. Clear policies and consistent application are essential to avoiding payroll and compliance issues. Leave Protections and Legal Considerations Severe weather may trigger eligibility for various job-protected leaves, including: Family and Medical Leave Act (FMLA) Military or National Guard service Disability accommodations State-specific emergency leave laws Be prepared to recognize when these protections apply and provide required notices in a timely manner. Workplace Injuries During Severe Weather If an employee is injured while working during severe weather, immediate medical care should always be the top priority. Once the situation is stabilized and the employee is safe, ensure the injury is reported properly in line with workers’ compensation requirements and, where applicable, OSHA recordkeeping rules. After the initial response and reporting are complete, take time to review what happened. Looking closely at the circumstances and identifying any corrective steps, whether that involves adjusting procedures, equipment, or scheduling, can help you reduce the risk of similar incidents in the future and reinforce a safer work environment overall. Extended Disruptions: Layoffs, Furloughs, and Alternatives When severe weather leads to prolonged disruptions, you may need to evaluate options such as temporary layoffs, furloughs, or reduced schedules. Each of these paths comes with important considerations, including how pay, benefits, unemployment eligibility, and employee morale may be affected. Taking the time to document your decisions, apply them consistently, and communicate clearly with employees can help reduce confusion and protect both your workforce and your organization during an already challenging time. Flexible Scheduling as a Safety Tool Alternative schedules can help protect employees when conditions are unsafe at certain times of day. Adjusted start times, split shifts, or temporary remote work arrangements can reduce risk while maintaining operations. Flexibility is often one of the most effective tools you have as an employer during severe weather events. Supporting Employees Beyond the Workplace Severe weather affects employees at home as well. Consider offering: Emergency supplies or safety resources Temporary lodging or travel assistance Crisis-related financial support Mental health support is also critical. Access to employee assistance programs, wellness benefits, and time off can help employees manage stress during and after a disaster. Staying Alert as Conditions Evolve Government responses to severe weather can shift quickly and may include emergency declarations, executive orders, or new employment requirements. Staying aware of changes in the jurisdictions where your employees work helps you adjust policies and practices as needed. After the immediate disruption, encouraging volunteer or community support efforts can also help reinforce a culture of care and resilience. So, Is Your Workforce Ready? Severe weather may be unpredictable, but your response to it doesn’t have to feel like a scramble. When you take time to plan ahead, communicate clearly, and lead with flexibility, you give your organization a steadier footing to protect your workforce and keep operations moving when disruptions occur. At Simco, we help employers align HR, payroll, benefits, compliance, and commercial insurance so they’re ready when the unexpected happens. If you’re unsure whether your current policies or systems are prepared for severe weather, our team is here to help. Click here to get in touch.
January 7, 2026
At Simco Insurance & Wealth Management, 2025 was a year defined by refinement. Rather than chasing growth for growth’s sake, our focus was on designing better systems, improving the rhythm of our work, and removing friction from the moments that matter most to our clients. Every adjustment was made with one priority in mind: creating an experience that feels organized, responsive, and genuinely supportive for the individuals and families we serve. This recap highlights the operational progress and strategic shifts that shaped our year. For our clients, these efforts show up as clearer communication, smoother appointments, and more confident guidance. For those getting to know Simco Insurance & Wealth Management for the first time, it offers a look at how we’re intentionally preparing our team, tools, and processes to meet rising expectations with care and consistency. Designing Retention With Intention One of the most meaningful accomplishments this year was the development of an automated retention process focused on high-impact client touchpoints. By taking a closer look at recurring needs and communication patterns, the team built a system that strengthens relationships while reducing dependence on manual follow-up. This structure helps ensure consistency and follow-through, even during our busiest periods. As a result, we’re able to stay more connected, responsive, and proactive, reinforcing trust and delivering a more reliable client experience. A More Strategic Approach to AEP Planning Preparation for the Annual Enrollment Period (AEP) 2026 began earlier and more strategically than ever before. In September, the team launched a strategic early booking initiative, starting one full month ahead of the industry norm. The goal was twofold: maximize retention of existing clients while preserving capacity to support new business. The outcome exceeded expectations. More than 75% of existing clients were booked before AEP officially began , creating breathing room, reducing pressure, and allowing agents to focus fully on each client interaction. Just as importantly, this initiative produced a measurable, repeatable system that can be refined and reused for future AEP cycles. Visibility That Drives Accountability To support better planning and performance, the team developed a Book of Business Tracker that provides real-time visibility into client retention and new enrollments. This tool created clearer accountability for agent performance while also improving forecasting and decision-making throughout AEP. With better data came better conversations, better pacing, and more confident leadership. Communication and Automation That Protect Relationships Clear, timely communication is essential during periods of change. In 2025, the team produced and automated targeted emails for clients losing their plans, ensuring they were informed early and guided through next steps. These systems helped protect client relationships, reduce uncertainty, and reinforce Simco’s reputation for calm, proactive service, even in complex or time-sensitive situations. Reimagining the Client Appointment Experience Much of the year’s progress focused on improving the flow and efficiency of daily client interactions. The scheduling process was redesigned to eliminate bottlenecks, overlapping appointments, and unnecessary delays. The result was a smoother daily rhythm, shorter wait times, and a noticeably calmer office environment. Additional improvements included: Creating cubicle-based laptops to help clients complete CareValue forms efficiently Developing confirmation emails with embedded surveys so clients can submit doctors and medications in advance Tracking visits versus enrollments to ensure clients move fully through the process Together, these enhancements cut average appointment time by 50% , effectively doubling agent capacity while preserving quality and care. Strengthening Data Accuracy and Operational Support Behind the scenes, the team focused on maintaining clean, reliable data by entering missing client information and policy details on behalf of agents when needed. Repetitive processes were streamlined through automation and shared resources, reducing friction and freeing agents to focus on client relationships rather than administrative tasks. Every workflow was designed with scalability in mind: systems that can be replicated, measured, and improved year after year. Working on the Business, Not Just in It Throughout 2025, the Simco Insurance & Wealth Management team embraced the Traction principle of working on the business, not just in it. Continuous improvement, team empowerment, and thoughtful system design guided every decision. Each change reinforced Simco’s Core Values and Vision, ensuring that every client touchpoint reflects consistency, clarity, and care. Our Path Forward Into 2026 The work completed this year has created a stronger foundation for what’s next. With smarter systems, clearer data, and a more intentional client experience, we are positioned to serve individuals and families with even greater confidence in 2026 and beyond at Simco I&WM. Thank you to our clients for your trust, and to our team for the dedication and care that made this progress possible. We’re so proud of what we’ve built, and even more excited about where we’re headed! This year-in-review report was developed by Shena Edington-Bright, Team Lead at Simco Insurance & Wealth Management.

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