January 2009 Newsletter

Program || President's Message || MCDS Board of Trustees / Committee Reports

Treasurer's Report Detail || Announcements/Articles || Upcoming Course Registration Forms

For pictures and advertisements, see the newsletter in PDF format


Program:

January 20, 2009

NJDA Officers Meeting and New Life Membership Presentations

Come hear the stories behind the legislative and legal battles won on your behalf by NJDA this year from the dedicated officers. This annual event is an opportunity to meet the NJDA Directors and General Counsel and to witness first hand their dedication to our members. You will never ask the question, “What is organized dentistry doing for me?” after this evening. It will provide you with the opportunity to learn how to use NJDA’s vast resources to get the most of your membership.
In addition, a special presentation to our deserving New Life Members will be featured.


President's Message - Dr. Mark Vitale

As we enter a new year, I would like to wish everyone a happy, healthy, and prosperous new year. Despite a weak economy, and the many other obstacles we face in our personal and professional lives, maintaining a healthy self, both mentally and physically is of the utmost importance. The single most valuable asset in a dental practice is the dentist. Optimal health and work-life balance aren’t the buzzwords of the week or luxuries to be taken for granted; rather, they are essential to the maintenance of the person without whom the practice would cease to exist.
The practice of dentistry is physically, mentally and emotionally demanding. While most of us thrive on the challenges and benefits of dentistry, some of us hit bumps in the road as we travel through our professional and personal lives. These bumps may include physical injury or illness, mental health disorders, substance abuse, or traumatic events in our personal lives. Therefore we need to practice the same prevention and maintenance that we preach to our patients every day. Dentists need to be proactive in maintaining their well being.
Clinical dentistry is physically demanding in some very specific ways. Backs, necks, shoulders, wrists and hands, are vulnerable to injury. This may be as a result of daily activity, position, repetitive motion and stress. We must protect ourselves from muscle strain, pain and actual injury. Stress is very individually defined; just the right amount is healthy and energizing. Too little and we can feel bored and unmotivated. A short period of intense stress is expected with events like a wedding, the birth of a baby, a move to a new office, or death of a loved one. Too much stress for too long can make us demoralized, exhausted, and ill.
Practicing dentistry as ergonomically as possible is essential. Continually assessing our personal conditioning needs at different stages of life is critical. Besides an annual physical, an annual fitness assessment with a personal trainer would be beneficial. And let’s not forget the obvious; get regular exercise, eat healthy, and get adequate hours of sleep. Besides assisting in maintaining physical wellness, these activities assist in mental wellness and dealing with stress. Be sure to utilize the resources available to us. The ADA has programs and resources dealing with health and wellness, disability, mental health and stress, and substance abuse. These programs are all part of your member benefits.
As dentists, if we practice a healthy life style ourselves, we will preserve the quality of our performance and advance the welfare of our patients. When health or wellness is compromised, so may be the safety and effectiveness of the dental care provided.

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MCDS Board of Trustees Report

-11/11/08-


Attendance: Ashmen, Bernstein, Brunsden, Desai, Galkin, Glickman, Goldstein, Kahn, Leizer, Modi, Nandra, Patel, Prabhu, Rizzi, Rosen, Rosenheck, Patel, Savage, Schambra, Silverstein, Simos, Stein, Villa, Vitale, Weiner, Ziemba, Marlene Glickman
Acceptance of Minutes-vote unanimous.
President’s Report-Mark Vitale
Rich Kahn and Dan Krantz attended the ADA meeting in San Antonio at which time the following information was released: Maxine Feinberg, NJDA Past President, has been elected ADA 4th District Trustee. Richard Riva, NJDA Past President, will be running for ADA 2nd Vice President. Congratulations to both as NJDA takes on leadership positions in the ADA.
The ADA House decided against a national dues increase for this coming year.
The course with Linda Miles was a huge success. Attendees, the speaker and sponsors walked away happy. Thank you to Maya and Dave for an outstanding job.
Treasurer’s Report-Robert Ashmen
See full report on page 3.
NJDA Council Reports:
Dental Benefits-Mark Vitale
The council met on September 10, 2008 and the following items were reviewed.
- CRP Statistics: Staff provided the council with cumulative statistics from January 1, 2008 through August 31, 2008 indicating a total of 78 complaints submitted to NJDA for the year. On a monthly basis, 10 complaints were received in June, 9 in July, and 10 in August. Of that number, NJDA successfully resolved 33, 9 were for data purposes, 12 were not resolvable, and 24 are still pending. Once again, the vast majority of complaints involve requests for refunds.
Staff provided the council with statistics on the number of CRPs opened per component to date.
-ADA/NADP Report on Contract Issues: The council discussed the report on dental contracting issues published by ADA. Staff reminded the council of the importance of having contracts reviewed (NJDA provides this service), including any related documents referred to in the contract. These related documents may include policies and procedures that could impact reimbursement, and which are not routinely provided to the dentist for review until after a contract is signed.
-Delta Dental Carryover Max Option: The council reviewed Delta’s announcement of a new optional rider to its plans that would provide a carryover amount of the unused annual maximum benefit. Upon close inspection, however, it appeared to the council that the actual value of the benefit is minimal due to the limitations. For example, in order to be eligible, patients must use less than half of their annual maximum benefit and receive at least one cleaning/oral exam in the year. If these conditions are met, they can roll over 25% of the unused benefit, up to a maximum of $500.
-Dental Plan Survey: The council reviewed the results of the dental plan survey sent out to Monmouth-Ocean County Dental Society members.
To date, 20 surveys were returned, 12 of which were tabulated. As has been NJDA’s experience in the CRP program, many dentists report problems with Met Life consultants. Further refinements to the document were suggested and will be discussed at the next meeting
- Guardian Dental cost Estimator On-Line Discussion: The council continued its on-line discussion of Guardian’s implementation of a dental cost estimator for patients to gauge the costs of dental treatment and compare the financial impact of seeing an in-network vs. out-of network dentist.
Governmental Affairs-Mitch Weiner
Pending Legislation:
- Lead Crown Legislation: This bill, in its present form, mandates that dentists notify patients before providing dental prosthesis manufactured outside of the US. NJDA, with the guidance of the Council on Public and Governmental Affairs, has proposed an amended bill for consideration by legislators that better protects the interests of our member dentists while still looking out for the consumer.
- CE Credit Waiver Legislation: Would provide up to 20 hours of CE credits to dentists who render dental services to children under 19 who qualify for/are enrolled in NJ Family Care or pregnant women 18 or older who are eligible for Medicaid NJ Care Pregnant Women Program. The NJ Attorney General is opposed to this legislation but the NJ State Board of Dentistry is unanimously supporting the bill.
- Dental Amalgam Study Legislation and Amalgam Informed Consent Legislation: This legislation is unacceptable and not amendable in NJDA or the Councils opinion. It directs the Division of Consumer Affairs to develop an informational brochure regarding dental amalgam, and requires dentists to distribute the brochure to patients and offer composite alternatives.
- Various BPA Legislation: Multiple pieces of legislation have been introduced calling for the ban of phthalates and bisphenol A in toys, food/beverage packaging and containers. While dentistry has not been mentioned in any of this legislation, both NJDA and the Council are working on a position for us to take BEFORE dentistry could possibly be added to any of these bills. Any defensive position we take will based on sound scientific principals.
- Tuition Tax Deduction Legislation: Allows a gross income tax deduction for certain higher education tuition and fee expenses. While this legislation is not likely to pass, NJDA feels our support will potentially help dental students and help in our building of goodwill in recruitment and retention of graduating dentists.
Regulation
- State Board of Dentistry: Up to 7 new State Board appointments are forthcoming. NJDA has proposed amendments to a draft of a regulation regarding the administration of Botox and other Dermal Fillers.
- Hygienists Administering Local Anesthesia: this regulation has been published and is now in effect. Hygienists who hold a local anesthesia permit (which must be obtained via completion of a NERB local anesthesia written exam, no less than 20 hours of Board approved didactic coursework and 12 hours of clinical training) must complete 4 hours of CE in local anesthesia administration in every other biennial renewal period as well.
Old Business
- Mandatory Children’s Dental Examination Legislative Proposal: COPGA is proposing legislation that will require dental health certificates stipulating that a recent dental exam was performed for students entering grades K, 3 and 6 in NJ as a condition of enrollment. Possible pitfalls discussed by the council included concerns that it is self-serving to dentistry and gives us more business by legislative mandate; that if caries is diagnosed on indigent children, where will they go to receive care? And that if dentists are not willing to provide care for the underserved who cannot afford exams and treatment at a private practice dentist, will this set us up for hygienists, DHAT’s and MD’s to come in and become eligible to perform these examinations in lieu of us? The Council is working on the exact wording of the legislative proposal that takes these concerns into account.
New Business
Placement of Stem Cells in the Oral Cavity: A proposal regarding stem cells and bioengineered products was introduced that aims to define working in the oral cavity with these products as the role of the dentist alone and not physicians. This is to protect our future as a profession.
Membership-Tara Savage/Devang Modi
There are currently about 7500 licensed dentists in NJ of which 4716 have paid their membership dues. At this time last year, there were 4724 paid members and we ended with 4804 paid members. NJDA is hoping but NOT optimistic to reach the same numbers. There are 589 Dentist in Middlesex county of which 399 are active members (over 2/3) and there are 22 NEW members this year. There are 20 dentists from last year who did not renew their membership.
To increase awareness and membership, NJDA (Tricia and staff) sent out recruitment packages at the end of September/early October. A second postcard will be made to offer FREE membership till the end of the year.
GPR visits are planned (JFK was already visited). RWJ and Overlook are on the list. Discounts are being offered to join.
Dental school visits are planned (Sophmore class at UMDNJ visited on 10/19/08). UPENN, NYU, Temple, Columbia visits are on the horizon. We will meet with each class year, with more attention focused on the seniors.
We are recomending that you ask any non-members that you know to join.
The membership directory will go out early January. Address and telephone numbers being verified. We are asking if a second language is being spoken in your practice to help increase referrals to your practice.
The biggest topic discussed was DUES WAIVERS. Dentist can request a dues waiver at 100%, 75%, or 50% based on financial hardship, personal/family tragedy, disability, sickness, opening another office, etc. A waiver request form needs to be completed documenting need. This is reviewed by NJDA and will be granted if appropriate. A motion was made to formalize and document a policy that NJDA and components can use as a guide. In 2007, 58 waivers were granted.
MCDS Study Club:
The MCDS study club met on October 30, 2008. Dr. Korwin gave a presentation on Invisalign and your General Practice. Attendees were awarded 2 CEU credits. The next meeting will be held on Thursday, December 4, 2008 at 6:30 pm at the Crowne Plaza in Edison, NJ (next to the Pines Manor). Dr. Gabriel Ruiz will be giving a case presentation.
PAC-Mark Vitale
An additional membership level has been added to NJDPAC. The new level is for membership at the $1500 or higher level. It will be referred to as the Governors Level.
Peer Review-Sandy Goldstein
Two peer review cases were sent to other components for mediation due to conflict of interests. There were no other cases mediated.
Committee Reports:
Corporate Sponsorship-Dave Stein
The September and October meetings seemed to have gone well. Kuraray will be sponsoring the Nov 18th Dr. Atlas Course. I am in the process of recruiting sponsors for the January, February and March meetings. I am in constant contact with the AV company to make sure the meetings go as planned.
Mentor-Ethan Glickman/Amit Vora/Nima MirMadjlessi
Our bi-annual OSHA program that satisfies the OSHA standard on Occupational Exposure to Blood Borne Pathogens, which is required annually for dentists and staff, was given on October 23, 2008. In attendance were 64 Dentists & staff that received certification that they have been properly instructed for this OSHA regulation on Infection Control. Two CEU credits were awarded to the Dentists & staff members attending this 2-hour seminar. This seminar was available to our members & staff for $20/pp as a member benefit of MCDS.
The next OSHA seminar will be presented on June 11, 2009.
The next mentor program will be presented on November 17, 2008. Fotinos Panagakos, DMD, PhD, Director of Professional Relations-Colgate Oral Pharmaceuticals, Inc. Dr. Panagakos will speak about: Diabetes: “The Two Way Street We All Travel On”.
Dr. Marty Jablow will present the next Mentor program on December 11, 2008. His seminar is entitled:” Rewiring the Dental World- From G.V. Black to Google”.
Kim Iannotte from the Aftco Company will present the next Mentor program on April 30, 2009. She will speak about “Analyzing Practice Numbers, Adding an Associate, Practice Mergers & Practice Transition Options.
A very big “Thank You” to Dr. Joe Fertig, Director of Dental Services - St. Peter’s Medical Center, for arranging all our room accommodations for the MCDS-OSHA-Mentor programs at St. Peter’s Medical Center in New Brunswick.
Please see the inserts in this newsletter for additional information and registration for the OSHA & Mentor programs.
Please contact Marlene Glickman, our Exec.Sect’y for MCDS, at # 732-238-1255 for additional information and registration in advance for the programs. Thank you.
Oral Cancer Screening-Arpan Nandra
I met with Bob Schermer to discuss the following projects: 1) Oral Cancer screening for next April; 2) Walk-a-thon for scheduled for April 4th
1. Oral Cancer Screening:
Bob Schermer will lay out the protocol for the next screening. First we need to decide on where to have the screenings. What has been successful in other counties is hospitals and a mobile health van. We need to know what is available in Middlesex county. I had suggested the hospitals, either JFK or RWJ or even both. Secondly, advertising would be done with the help of Delta Dental. Finally, we need dentists to volunteer, which I feel would not be a problem. Bob informed me that Dr. Ephros from St Joseph’s Hospital in Paterson cares for any patients that may need it.
2. The walk-a-thon is going to take place in Union County, which is being done for the first time. We discussed on doing a walk-a-thon in Middlesex. We are still in talks.
New Business
Residency program grant guidelines will be reviewed in January.
There are three life members that will be honored in January.
The fee structure for staff night needs to be addressed. The discussion is tabled to the February board meeting.
Good & Welfare
Linda Miles thanked MCDS for hosting her lecture.
Dr. Mir Madjlessi was congratulated on the birth of his son.
Respectfully Submitted, Constantine Simos, Secretary

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Treasurer's Report

Dr. Robert Ashmen

10/31/07 9/30/08 10/31/08
Checking $535.59 $31,636.46 $12,016.96
Savings $14,939.48 $17,731.72 $17,751.19
CD (3.46% matures 12/28/08)
$25,000.00 $25,000.00 $25,000.00
PayPal $4,162.26 $978.34 $1,828.91
TOTAL: $44,638.33 $75,346.52 $56,597.06
P&L STATEMENT CHECKING ACCOUNT
(9/30/08 - 10/31/08)
INCOME
INTEREST 5.73
TOTAL INCOME 5.73
EXPENSES
CONT EDUC 13,046.90
DINNER DANCE 519.06
DINNER MEETINGS 5,115.53
EXEC.COMM.DINNER 299.38
EXECUTIVE SECRETARY 888.00
HYG Study Club-exp 200.00
MEMORIALS AND GIFTS 73.83
OFFICE SUPPLIES 634.30
TELEPHONE 91.68
TOTAL EXPENSES 20,868.68
OVERALL TOTAL -20,862.95
P&L SAVINGS ACCOUNT
(9/30/08 - 10/31/08)
INTEREST INCOME 19.47
OVERALL TOTAL 19.47
P&L PAYPAL MONEY MARKET
(9/30/08 - 10/31/08)
CONT ED INC 763.78
MENTOR COMM INC 86.79
OVERALL TOTAL 850.57

 

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Announcements/Articles

MCDS Induction of New Life Members

The following MCDS members have achieved life membership this year. They have shown a steadfast dedication to their profession and organized dentistry over their careers. They will be formally inducted as life members at this month’s dinner meeting. Each new life member was asked to submit biographical information that is included below, recognizing that such limited space cannot do justice to all of their professional and personal achievements.

William Fromkin

Dr. William Fromkin was born in Newark, New Jersey in 1943. He attended Upsala College and earned his BS degree in 1966 and then Temple Dental School earning his DDS in 1971. After dental school, Dr. Fromkin served in the United States Army from 1971 to 1973, where he developed and taught an expanded duties program to dental nurses.
Dr. Fromkin is in private practice in North Brunswick. He is a Past President of MCDS as well as an NJDA delegate. He is a member of the ADA, NJDA and MCDS. He served as Chairman of Peer Review as well as Chairman of Children’s Dental Health.
Dr. Fromkin resides in Bradley Beach with his wife Janet. They have two children, Abbey and Bryan, and two grandchildren, Ellena Jill, and Kayleigh. Being an avid fisherman, he is going to finish writing a fishing and fish cook book. Dr. Fromkin has loved his years in dentistry, both in practice and in service to MCDS. He thanks his friends and colleagues through the years, for giving him the privilege to serve. In his words, “It was a blast!”

Martin Halofsky

Dr. Martin Halofsky was born in Brooklyn, New York in 1943. Dr. Halofsky attended Brooklyn College, earning a BS degree in 1964. He went on to dental studies at New York University and was awarded his DDS degree in 1968. Dr. Halofsky served in the United States Army Reserve National Guard, attaining the rank of Major. Dr. Halofsky practiced general dentistry in Valley Stream, NY for nine years and then pursued his postdoctoral training in Pediatric Dentistry. He earned his certificate from St. Christopher’s Hospital for Children in 1977. Dr. Halofsky started his practice in Somerset in 1980 and after 26 years sold the practice to Dr. Max Sulla in 2006. Dr. Halofsky currently practices with Dr. Sulla part time. He is a member of the Craniofacial Team at St. Peter’s Hospital where he provides care to infants and neonates with cleft palates and other facial anomalies. Dr. Halofsky is a part of the medical staff at Robert Wood Johnson Hospital and St. Peter’s Hospital. He is also a member of the ADA, NJDA and MCDS as well as the New Jersey Academy of Pediatric Dentists and the American Academy of Pediatric Dentists. He served as past regional coordinator of the Federation of Dentistry for the Handicapped.
Dr. Halofsky resides in Hightstown with his wife Sandy. They have two children, Ada and Josh. Dr. Halofsky feels it has been a privilege and joy to serve his patients and profession all these years. He looks forward to serving children in the community in the future.

Joel Leizer

Dr. Joel Leizer was born in 1943 in Brooklyn, New York. Dr. Leizer attended Brooklyn College for his undergraduate education and obtained his DDS degree from New York University in 1968. After graduation from dental school Dr. Leizer served for two years in the United States Navy including a one year tour in the Republic of Vietnam. In 1971 Dr. Leizer entered private practice in East Brunswick and in 1982 expanded his practice to Old Bridge. Dr. Leizer was a frequent lecturer at the Middlesex County Dental Hygiene School where he presented a course on dental specialties. Dr. Leizer is currently in full time private practice in East Brunswick and Old Bridge. He is on staff at Robert Wood Johnson University Hospital where he is actively involved in the General Practice residency training program.
Dr. Leizer’s contributions to dentistry are numerous. He is a Past-President of the New Jersey Dental Association as well as a Past- President of the Middlesex County Dental Association. He served as a delegate to the ADA House of Delegates for many years. Dr. Leizer is a Fellow of the American College of Dentists, the International College of Dentists and the Academy of Dentistry International.
Dr. Leizer lives in East Brunswick with his wife Laura. Dr. and Mrs. Leizer are the parents of Cary, Julie, and Jamie and grandparents of Andie, and their Son-in-Law is Jason Wasserman.


In Memoriam
BERNARD WEISS
Dr. Weiss practiced dentistry in Carteret prior to retirement and relocation to Florida. He was a former President of NJDA and was 97 years old.


MCDS Newsletter Online
If you would like to receive the newsletter electronically in lieu of receiving a printed copy, please visit our web site. Click on the “Member” link, then the “Of Current Interest” Link. By registering, you will be able to view the newsletter about a week before it would get to you in the mail, and this will also be saving us money.


Provide NJDA with your email address!
By having your email address, NJDA can get vital and timely information to you. Register at www.NJDA.org.


Give Kids A Smile! Set for 2009, Information Session Scheduled for October

Friday, February 6, 2009, will mark the 7th year of the American Dental Association’s Give Kids A Smile! (GKAS) National Dental Access Day. The program’s mission is to deliver free dental care to as many children in need as possible on this day (ages 12 and under). It’s your chance to serve as a good will ambassador for dentistry while introducing the world of good oral health to children from every corner of the Garden State.

New Jersey has participated each year with more than 1,000 volunteers and has one of the most organized and successful programs in the country. More than 13,000 children have come through our program since 2003, and we have delivered nearly $2.4 million dollars in dental care. But, in order to grow our program and reach as many children in need as possible, we need more volunteers. This is where you can help.

On Wednesday, October 29, 2008 at 4pm, at the New Jersey Dental Association headquarters in North Brunswick, Dr. Cavan Brunsden, pediatric dentist and statewide chairman of GKAS, will hold a two-hour open house information session on the program. It is designed for dental professionals and clinic management who have never participated in the event, but would like to learn all about it and what it entails. We are particularly in need of dentists and clinics in Cape May, Hunterdon, Mercer and Warren Counties. Dinner will be provided.

Some of the program’s veteran volunteers will discuss tips and techniques to make your GKAS program a success, and NJDA staff will teach you how to maximize your exposure to local area schools, businesses, houses of worship and the media. You do not have to own a practice to volunteer. Many large clinic-based sites need dentists and you can volunteer at a site in your area on February 6.

If you would like to attend the GKAS open house information session, please RSVP right away, as space is limited. You can RSVP with your name, the town and county in which you practice and the number of people you are bringing (assistants, hygienists, other office staff, etc.) to Eric Elmore at [email protected] or by calling (800) 831-NJDA and asking for Eric. We hope to see you there.


New Jersey’s New Paid Family Leave Law – How It Affects You and Your Business
by Jim Schulz, NJDA Director of Governmental Affairs

On May 2, 2008, Governor John Corzine signed the Paid Family Leave legislation into law making New Jersey only the third state in the nation to provide a paid leave benefit for the birth or adoption of a child or for the care of a loved one with a serious health condition.

The new law, now known as Family Leave Insurance (FLI), provides employees of any sized business, including government employees, with up to 6 weeks of continuous leave, or 42 days intermittent leave, within a 12-month period, of paid leave for the birth or adoption of a child or for the care of a loved one with a serious health condition. While the law applies to virtually all New Jersey businesses, any employer with 49 employees or less is not required to hold a job for an individual upon return from the leave provided under this new law. Employers with 50 or more employees however, may be required to ensure continued employment upon return under the provisions of the federal Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). (Each of these other laws enables an employee up to 12 weeks of unpaid leave for the same reasons as FLI.)

While employees will not be eligible to collect FLI benefits until July 1, 2009, mandatory payroll deductions will begin on January 1, 2009. Employers are required to withhold 0.09% of the first $28,900 of earnings to a maximum deduction of $26.01 in 2009 for all employees. The withholding rate will increase to .12% in 2010 for all employees. FLI is entirely employee-funded. There are no employer contributions required. NJDA is recommending that all dental offices check with their business managers and/or payroll service providers to ensure that they are in compliance with the new law.
As of December 15, 2008, all dental offices (as well as virtually all other businesses) must comply with FLI’s posting requirements for employees. NJDA is recommending that all dental offices hang the FLI poster near the other disclosure materials in the office as well as place the material in the office’s employee manual. Employees should also be informed of the new law and their rights under it. The posters may be downloaded from the Department’s website at: http://lwd.dol.state.nj.us/labor/employer/content/employerpacketforms.html.
For the past several months, NJDA staff has fielded a number of calls regarding the implementation of the new Paid Family Leave Law. Below are some of the most commonly asked questions and our best attempt in answering them. Should you have any questions regarding this law, please do not hesitate to contact association staff for further assistance. In addition, I recommend that you visit the New Jersey Department of Labor website for regular updates and information. You can find NJDOL at: http://lwd.dol.state.nj.us/labor.

1. Who is eligible to receive Family Leave Benefits?
In order to file a valid claim, an employee must have been employed for at least 20 calendar weeks in which he or she earned at least $143 (these are known as “base weeks”), or have earned at least $7,200 the “Base Year”, which is the 52-week period immediately preceding the week in which the FLI began.

2. Do I have to keep an employee’s job if they go out on FLI?
No. Family Leave Insurance is a monetary benefit program, not a leave entitlement like the Family Medical Leave Act or the New Jersey Family Leave Act. The law does not establish the right of a covered individual to be restored to employment following a period of leave from work.

3. Who pays for the FLI benefit?
Employees will through payroll deductions beginning January 1, 2009. The funds will be held similar to the Temporary Disability Insurance withholding that is presently in place. When fully implemented, there will be a maximum of approximately $33 annually withheld from an employee’s paychecks. It will be based on income. However, employers will have to disclose the withholding with its own line on the employee’s W2.

4. Will it negatively affect my unemployment insurance rating?
No. The Department has made clear this will not negatively impact UI or TDI ratings.

5. Do I have to pay employees who are out on leave?
Not necessarily. Employers may require employees to take their sick and vacation days prior to being eligible for FLI benefits. If this is the case, employees are not entitled to FLI benefits until payment from their employer ends. However, if an employer does not require the employee to use sick or vacation time first, then the employee will be entitled to use those days when he or she returns back to work.

6. Do employees have to give me notice before going out on leave?
Yes in most cases. Under the FLI law employees intending to take leave to bond with a newborn or newly adopted child must provide their employer with a minimum of 30-days notice prior to starting their family leave. According to the law, failure to do so by the employee will result in a 2 week (14 day) reduction in the claimant’s maximum FLI benefits entitlement. There are exceptions for emergencies or unforeseeable circumstances.

According to the Department, employees intending to take leave to care for a seriously ill family member on a continuous, non-intermittent basis must provide their employer with prior notice of the family leave in a reasonable and practicable manner, unless an emergency or other unforeseen circumstance precludes it.

Also according to the Department, employees intending to take leave to care for a seriously ill family member on an intermittent basis must provide their employer with a minimum of 15-days notice prior to the commencement of the intermittent family leave unless an emergency or other unforeseen circumstance precludes it.

7. Can I or my employees opt out of the FLI program if we state we will not use it?
No.

8. When can employees begin collecting FLI benefits and how much can they earn?
July 1, 2009. Employees are entitled to receive two-thirds of their wage or salary to a maximum of $524 per week in FLI benefit.

9. What constitutes a “family member”?
Family member means a child, spouse, domestic partner, civil union partner or parent of an employee. A child means a biological, adopted, or foster child, stepchild or legal ward of an employee, the child of a domestic partner of the employee, or child of a civil union partner of an employee, who is less than 19 years of age. However, if the child is incapable of self-care because of mental or physical impairment then there is no age restriction.

10. What is a serious health condition?
A serious health condition is an illness, injury, impairment, or physical or mental condition, which requires inpatient care in a hospital, hospice, or residential medical care facility or continuing medical treatment or continuing supervision by a health care provider. (note: dentists are considered health care providers under the law.)