Forsite Benefits - Blog #IRS Proposed New RuleForsite Benefits - Blog #IRS Proposed New Rulehttps://www.forsitebenefits.com/blogs/tag/irs-proposed-new-ruleSat, 20 Dec 2025 18:18:47 -0800http://zoho.com/sites/<![CDATA[November 2021: Stay Informed of the Latest HR News]]>https://www.forsitebenefits.com/blogs/post/november-2021-stay-informed-of-the-latest-hr-news
What the Biden Vaccine Mandate Means for Employers
Impact of HIPPA Privacy Rule on COVID-19 Vaccine Inquiries
Complex Health Benefits Can Hinder Employee Success
Prevent Sexual Harassment in the Workplace

What the Biden Vaccine Mandate Means for Employers​

Recently, the White House directed the Occupational Safety and Health Administration (OSHA) to draft an emergency temporary standard (ETS) for private employers. Soon, employers with 100 or more employees (likely measured companywide, not by location) will need to adapt their vaccine policies and enforce one of the following:

  • Require employees to get vaccinated against COVID-19
  • Require unvaccinated employees to produce evidence of a negative COVID-19 test each week
The rule will also reportedly require large employers to provide their workers with paid time off to get vaccinated and recover from any vaccination-related side effects (e.g., chills).

What Employers Can Do Now

Here are some actions employers can consider to prepare for the mandate:

  • Determine whether weekly negative testing will be allowed as an alternative to COVID-19 vaccination.
  • Consider how to handle accommodation requests for those seeking vaccination exemptions.
  • Plan out systems to adequately and confidentially track employee vaccination statuses, such as Motion Connected’s Vaccine Verifier >>
  • Plan for potential staffing shortages or scheduling changes to afford employees time to get vaccinated.
This list is non-exhaustive, as certain considerations will be unique to individual employers. Employers should stay tuned for specific details to be announced by OSHA shortly.

Impact of the HIPPA Privacy Rule on COVID-19 Vaccine Inquiries​

On Sept. 30, 2021, the Department of Health and Human Services (HHS) issued frequently asked questions (FAQs) on the application of the Health Insurance Privacy and Accountability Act (HIPAA) Privacy Rule on COVID-19 vaccination and the workplace.


Overview of the FAQ Guidance
The FAQs provide that the HIPAA Privacy Rule does not prohibit any person (an individual or an entity, such as a business)—including HIPAA-covered entities and business associates—from asking whether an individual has received a COVID-19 vaccine. Rather, the Privacy Rule regulates how and when a covered entity or its business associate may use or disclose protected health information (PHI), including information about an individual’s vaccination status.


In addition, the Privacy Rule does NOT:

  • Prevent any individual from disclosing whether he or she has been vaccinated against COVID-19 or any other disease. 
  • Apply to individuals’ disclosures about their own health information.
  • Prohibit an employer from requiring an employee to disclose whether they have received a COVID-19 vaccine to the employer, clients or other parties.
  • Apply to employment records. 
  • Regulate what information can be requested from employees as part of the terms and conditions of employment. However, documentation or other confirmation of vaccination must be kept confidential and stored separately from the employee’s personnel files under Title I of the Americans with Disabilities Act (ADA).

    In addition, other federal or state laws do address terms and conditions of employment. Similarly, other state or federal laws address whether individuals are required to disclose whether they have received a vaccine under certain circumstances.

Complex Health Benefits Can Hinder Employee Success​

Health care is rarely straightforward for the average consumer. Many individuals need help making sense of their options both during open enrollment and when receiving health services. In fact, 8 out of 10 people said they faced challenges when receiving care, according to a recent study from Quantum Health.

According to the study, the vast majority of consumers have reported facing hurdles in the past two years when receiving care. These challenges include issues understanding coverage levels, locating providers and navigating the insurance claims process. Issues like these were compounded for individuals with chronic conditions—90% of whom said they faced additional challenges, such as making sense of diagnoses or test results.


Employers spend a lot of time tailoring their health benefits to ensure they meet the needs of their employees. But, if only half of those employees can effectively use such benefits—let alone understand them—then employers may need to refocus their efforts. One of the best ways to help reduce employee confusion and maximize benefits value is through education.

Reach out to discuss a benefits communication plan and secure health literacy resources for your employees.

Keep Employees Educated, Engaged, & Healthy with Forsite EXP >>

Forsite EXP is the ultimate employee experience platform. This customizable app helps employers reach employees on their smartphone with important company updates and healthcare education, and provides benefits support as they navigate unique healthcare needs.


   LEARN MORE ABOUT FORSITE EXP >>                             

Preventing Sexual Harassment in the Workplace​

Despite decades of attention in the media and courts, sexual harassment remains a significant and costly problem in today's business environment. Learn how to prevent sexual harassment in your workplace by watching this video >>

The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.

Copyright © 2020 HR 360, Inc. All rights reserved.

]]>Mon, 01 Nov 2021 11:57:05 -0500<![CDATA[October 21: Stay Informed of the Latest HR News]]>https://www.forsitebenefits.com/blogs/post/october-21-stay-informed-of-the-latest-hr-news
OSHA to Mandate Vaccine and Testing Temporary Standard for COVID-19
IRS Issues Employer Guidance for Reporting 2021 FFCRA Leave
Proposed Rule Would Expand Electronic Filing, Including ACA Reporting
Tune Up Your Communication Strategy For 2021

OSHA to Mandate Vaccine and Testing Temporary Standard for COVID-19​​

On Sept. 9, 2021, President Biden announced that the Occupational Safety and Health Administration (OSHA) is developing an emergency temporary standard (ETS). The new ETS will require private-sector employers with 100 or more employees to ensure their workforce is fully vaccinated or test negative for COVID-19 every week before coming to work.

This announcement follows the vaccination, masking and social distancing requirements issued by the president in July for the public sector—federal employees and on-site contractors.

There currently is no time frame as to when the new ETS will be released. The government estimates that the ETS will impact over 80 million private-sector workers.


Current OSHA ETS
OSHA currently has a COVID-19 ETS for the health care and health care support workers. This ETS covers hospitals, nursing homes and assisted living facilities; emergency responders; home health care workers; and employees in ambulatory care settings where suspected or confirmed COVID-19 patients are treated.

OSHA has also issued guidance to help employers and workers not covered by the health care ETS. This guidance is to help employers protect workers who are unvaccinated, otherwise at-risk, or fully vaccinated but in areas of substantial or high community transmission.

Next Steps
Employers should continue to protect at-risk, unvaccinated and fully vaccinated workers. Employers should also monitor OSHA communication channels to become familiar with the expected private sector ETS once it is published.

IRS Issues Employer Guidance for Reporting 2021 FFCRA Leave​​

IRS Notice 2021-53, issued Sept. 7, 2021, provides guidance for employers on how to report sick and family leave wages for employee leave taken in 2021 under the Families First Coronavirus Relief Act (FFCRA), as amended by the COVID-related Tax Relief Act of 2020 and the American Rescue Plan Act of 2021. In July 2020, the IRS issued Notice 2020-54 about reporting for FFCRA leave taken in 2020.

Reporting Requirement
Employers are required to report qualified 2021 FFCRA leave wages to employees on either a 2021 Form W-2, Box 14, or in a separate statement provided with the Form W-2. The requirement applies only to employers who claim tax credits for the leave wages under the relevant legislation.


According to the notice, there are separate reporting requirements for leave provided from Jan. 1, 2021, to March 31, 2021, and for leave provided from April 1, 2021, to Sept. 30, 2021. The notice gives additional specific reporting instructions for leave wages that must be entered on Box 1, 3 or 5 of Form W-2. The guidance also includes model language employers may provide as part of the Form W-2, Box 14 “Instructions for Employee,” or in a separate statement.

Paid Sick and Family Leave Under FFCRA
The FFCRA, passed in March 2020, required employers with fewer than 500 employees to provide paid sick and family leave for specific COVID-19-related reasons and included employer tax credits to cover leave costs. The leave requirement expired in December 2020. However, the Tax Relief Act of 2020 and the American Rescue Plan Act extended the tax credits for employers who chose to continue to provide FFCRA leave, first through March 31, 2021, and then through Sept. 30, 2021.

Requirement Applies to Employers that Offer Prescription Drug Coverage
Employers who sponsor group health plans that offer prescription drug coverage to Medicare-eligible individuals must provide a Medicare part D Creditable or Non-Creditable Coverage Notice to those individuals before October 15.

These notices inform Medicare-eligible individuals whether the plan's prescription drug coverage is expected to pay, on average, as much as the standard Medicare prescription drug coverage (meaning it is "creditable").
For more information on this notice requirement, including links to downloadable model notices, click here >>

Proposed Rule Would Expand Electronic Filing​​​​

On July 23, 2021, the IRS published a proposed rule that would expand the requirement to file certain information returns electronically, including those under the Affordable Care Act’s (ACA) reporting requirements in Internal Revenue Code Section 6055 and Section 6056.

  • For Form 1094 series, Forms 1095-B and 1095-C, Form 1099 series and Form 5498 series, electronic filing would be required for entities that file 100 or more returns for due dates in 2022, and 10 or more returns after that. The proposal would also require aggregation of most information returns when calculating these thresholds.
  • Entities that file at least 10 returns of any type would be required to electronically file Form 5330 for tax years ending on or after the date final rules are published, and Form 8955-SSA for plan years beginning on or after Jan. 1, 2022.
  • For entities required to file Form 5500, the proposed rule would require entities that file at least 10 returns of any type to file Form 5500 electronically for plan years beginning after Dec. 31, 2021.

This proposal would effectively eliminate paper filings for most employers. However, the proposed rule has not been finalized and is not effective at this time.

Tune Up Your Communication Strategy For 2022​​

Effective managers must be strong communicators to inspire and lead their teams. Unfortunately, the demands of the day-to-day workplace ensure communication gets put on the back burner which can be detrimental to employee engagement, company culture, and the retention of your workforce. 


Consider this: You are always communicating with your employees through the organization’s work environment, corporate culture, and the relationship built with employees.

Employees should be;

1.      Consistently engaged in company culture

2.      Provided resources to perform their job efficiently but also take care of themselves

3.      Communicated with on a regular basis using an effective, convenient platform.


Get a Communication Tune Up! >>

The 5th Annual Forsite Move Challenge

The 5th annual Forsite Move Challenge was completed on September 30th and the results are in! 

  • 1st place: Team WBAY | 17,576 daily step average 
  • 2nd place: Team Zepnick Solutions | 16,735 daily step average 
  • 3rd place: Team Optima Machinery 14,823 daily step average 

48 Wisconsin teams stepped with us for CP, raising $10,650. $1,050 of those dollars were earned by the 21 teams that achieved above 10,000 daily steps. We continue to be humbled and grateful for our community, and the ability to come together and give back.

Keep Employees Connected, Engaged, & Healthy with Forsite EXP >>

Forsite EXP is the ultimate employee experience platform. This customizable app helps employers reach employees on their smartphone with important company updates and healthcare education, and provides benefits support as they navigate unique healthcare needs.


   LEARN MORE ABOUT FORSITE EXP >>                             

The content herein is provided for general information purposes only, and does not constitute legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.

Copyright © 2020 HR 360, Inc. All rights reserved.

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