Thursday, November 29, 2012

It's Easier to Finance a $5,000,000 Apartment Building Than a Single Family Investment Property

Funding has dried up for residential investment property (1-4 family), but it's plentiful for large multi family projects.

1. Funds are available for large multi family properties, but not for residential investment homes.

President Obama said during his Economic Recovery Act Speech, "there is no money available for you speculators" and he meant it. Try to get a loan for a residential (1-4 family) non-owner occupied property and see the results for yourself. There are no more stated income loans available for residential investors. If you have been in the residential investment game for a while, you already know it, if you are just starting out; you will experience this problem on your first residential investment deal. Its cash, hard money at 12% and a 65% LTV or you're done.

It's Easier to Finance a ,000,000 Apartment Building Than a Single Family Investment Property

The good news is that government backed funds are plentiful for larger, multi-family properties. This presents tremendous opportunities for those who know how to access the funding sources.

2. You don't have to personally qualify for the loan the properties qualify.

Imagine that! Anyone who has ever attempted to purchase a residential investment property (1-4 family) has encountered the issue of personally qualifying. Sure the rents may cover part or the entire mortgage, but the lender only considers a percentage of that income toward your ability to pay the new mortgage. You need, tax returns, financial statements, proof of funds for down payment, etc. Not only that, but of course your FICO score becomes a big factor. Get through all of this and every time you buy another residential property your FICO score drops and you are viewed as more of a risk to the lenders. The more successful you become in this arena, the harder it gets......

With commercial financing, the properties qualify for the loan, not you. The loan is not reported to the credit bureau's. The more successful you become, the easier it gets.....

3. Most loans on large multi family properties are fully assumable.

Ever try to assume a residential loan without having to qualify for it? Not happening, at least not since the early 80's when FHA and VA loans went from "fully assumable" to "qualifying assumable". It's the same as having to secure a new purchase money mortgage, so unless the interest rate is very attractive, it's never done. The first home I ever purchased was a little bungalow for ,000. It was 1980, I was 20 years old and didn't qualify for a 0 limit MasterCard, but I assumed a ,000 VA loan, no questions asked. The same criteria hold true to this date for large multi family projects, but very few know about it.

The financing on many large multi family buildings are fully assumable. Remember, the properties qualify not the buyer. You can buy 100 + unit apartment complexes without qualifying, no verification of funds, no credit report, no tax returns, just knowledge.

4. You ARE NOT personally obligated to repay the loan.

Try getting a residential mortgage and tell the lender that you don't want to personally guarantee the loan. Not happening! We are accustomed to all loans carrying personal guarantees. It's incorporated into every residential mortgage, by every lender in the country. Of course they want recourse if you default, they get the property and then have the right to a default judgment for any balance that may be due after they liquidate the property. Residential loans carry "FULL RECOURSE" to the mortgagee.

Larger commercial loans are "NON RECOURSE" to the borrower. The property and its ability to generate cash flow is the lenders security, not you personally.

5. Multi Family Properties are built to CASH FLOW, single family homes are not.

Single family homes are designed, built and price for owner occupants, not for cash flow. Study the numbers on almost any single family home and you will discover that after you pay the mortgage, taxes. Insurance, utilities, maintenance, etc, you will lose money every month. Single family homes are terrible for cash flow despite what the residential guru's on TV tell you.

Multi family properties are designed, built and priced to do one thing and one thing only, "make money". Lenders lend based on the fact that there are sufficient funds to cover the debt obligations, not on what your credit score is, or what the house down the block sold for or what your personal income was last year, etc.....

6. Professionals manage the property- No tenants and toilets to deal with.

With residential investment property YOU generally have to manage it. The property has negative cash flow to begin with; there probably is no budget to hire a management company to run it. You go from watching the guru on TV sitting by the pool telling you how great your new lifestyle is going to be once you buy a couple of homes, to fielding leaking roof calls and clogged drain problems on Saturday nights.

With the larger properties a professional management company handles all of that for you. It's budgeted in just like taxes and maintenance. The lenders require a professional management contract be in place at closing. They handle all the problems; they are staffed for it and deal with repairs, collecting rents, renting vacant units, etc. They send the funds to you. You never have to deal with a single tenant, yet you reap the rewards. Now you have a lifestyle.

There are many more reasons to move from residential to large multi family including dramatically increasing the property's value by simple rent increases, etc. I encourage anyone investing in residential property to take a good look at moving up to larger properties. It's easier than you think when you acquire the knowledge.

Copyright (c) 2009 Joe Florentine

It's Easier to Finance a ,000,000 Apartment Building Than a Single Family Investment Property
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Joe Florentine is a licensed Realtor, award winning builder and developer with 25 years experience in residential investing. Joe recently moved from residential investing to financing and acquiring large multi family projects with great success. He highly recommends Durante Parks' Learn Commercial Financing training program to gain the same knowledge to finance and acquire large multi family projects. Free video to learn more.

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Wednesday, November 28, 2012

Ringworm Treatment - Fascinating (and Effective?) Home Remedies

Ringworm treatment home remedies, will you use these? If you are one of the estimated twenty percent of our population who is infected with ringworm, chances are you have, at some point, considered using home remedies to treat ringworm.

In my search to find the most effective ringworm treatment that's available out there, I recently posted a question in Yahoo Answers about home remedies "that actually work," to find out from real people, like you and me, what cure they would actually recommend. The question drew quite a few answers and these only prompted me to dig deeper into this topic.

After some more research in the internet and asking friends for their ringworm treatment "family secret recipe," I got a better insight into what folks would consider as fast and effective remedies. Prepare to be fascinated and surprised. All of the ingredients mentioned are ordinary household items some of us would never remotely equate with anti fungal medication.

Ringworm Treatment - Fascinating (and Effective?) Home Remedies

Oh, yes, before I show you the list, a quick reminder. Ringworm, despite it's name, is not caused by worms. It is an infection caused by mold-like fungi known as dermatophytes. It is contagious and can be spread through direct skin contact with an infected person, an infected pet, or an infected object or surface. So, if you have an itsy-bitsy spot of ringworm, refrain from scratching it. The fungi will cling to your hands and you're liable to spread the infection to other parts of your body or worse, to other family members. And about contaminated objects - never share personal items with anyone. Clothes, caps, shoes, brushes, anything can be a carrier of infection. A friend of mine who has a three year old cute little daughter named Tracy, once brought home a bunch of second-hand toys from some garage sale. She thought she made a juicy bargain - the toys were still intact and the battery-operated talking doll actually still talked. To her chagrin, little Tracy had a rash outbreak the very next day, which her pediatrician later diagnosed to be ringworm. Lesson is you can't see fungi (well except under black light or Wood's lamp - they glow), so be careful in handling unfamiliar objects.

But enough of this. On to the list. If you want to read more thoroughly about ringworm and ringworm treatment, just got to my site. Please click the link at the bottom of this page.

First home-spun ringworm treatment - use of ordinary kitchen vinegar and a penny. Soak the penny in the vinegar and rub on the affected area. Some even recommend taping the penny to the ringworm spot. Others use vinegar without the penny. The reasoning of those who use the penny-vinegar combo is that the vinegar reacting with the copper actually serves as an effective fungi-killer.

The next home remedy, and this was suggested by a girl named "loveme..." in Yahoo Answers, was to use diluted bleach. Using q tips, you apply the bleach solution to the affected area until it dries out. Some suggested the ratio of one part bleach to six part water as the ideal concoction err...solution. Other people rashly recommend pure bleach for the treatment but a lot of people correctly pointed out that unadulterated bleach from the bottle is a very powerful agent and may contain lye (sodium hydroxide) that can cause severe chemical burns and scarring. Just swim and soak in a chlorinated swimming pool, if you want to get the benefit of bleach in treating skin infections.

Another fascinating folk remedy is the "paper method." People who use this, burn a crumpled sheet of notebook paper in a porcelain plate, and use the ashes or residue as salve for ringworm treatment. Imagine that.

Still another bizarre home cure is the use of colorless nail polish. Directions: apply a thin layer of nail polish on the affected area. Allow to dry and peel off with tweezers or wash with soap. Those who practice this method believe it "suffocates" the fungi and attest that their infection dried up the next day. Others suggest colored nail polish work just as well as the colorless type.

A guy from Canada vouched for sea salt as the ultimate ringworm treatment. Evidently, this gent worked in an airport and caught the infection from the counter surface he usually leans on at work. The ringworm spread throughout his body, including his face, and the poor bloke suffered for one whole year with it. After repeated (and costly) visits to his doctor, the recommended antifungal creams finally managed to clear out the ringworm in his body but not the lesions in his face. That's when he discovered the remedy of using sea salt. He rubbed a handful of watery salt into the affected areas in his moistened face for thirty minutes and repeated the process several times. The guy swears his ringworm dried up the very next morning. Sea salt or sea water, that's the ticket, he said.

Other items mentioned as effective medication are tobacco and Vicks Vapor Rub (suggested by "Rosie" in Yahoo Answers). Of course, a lot of medicinal herbs and plants were cited as effective cure too, but I will discuss these in another essay. Black walnut, grape fruit seed extract, fig leaf juice, and tea tree oil are a few of these natural remedies mentioned.

Would I recommend any of these home-grown ringworm remedies? Not today. It's the human body we're talking about here, after all. Caution should be the rule of thumb. There's no denying that many of these simple home cures actually work - for some people. But each of us has our own peculiar set of physiological traits and allergies, quite different from the next John or Jane Doe. Our bodies, or to be more specific, our skins react differently to different substances. What I'm saying is that the home-spun ringworm treatment that worked for your neighbor might not actually work for you.

If there's anything that I'd use myself, apart from the usual over-the-counter anti fungal medications, it's the natural ringworm treatment method. Using plant extracts. Green all the way. One hundred percent natural, one hundred percent organic. Tea tree oil, in particular. Numerous scientific studies have already established the efficacy of tea tree oil in treating ringworm. Powerful antiseptic, peerless anti fungal agent. And because it's natural - lesser chance of adverse allergic reactions for you. For a discussion about a company that produces natural ringworm treatment products in a modern world-class facility, please visit my site, link shown below.

Or you can always take a one-week vacation and hit the nearest ocean resort (sea salt or sea water, remember?) and have a week of fun, relaxation, and ringworm treatment.

Ringworm Treatment - Fascinating (and Effective?) Home Remedies
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Friday, November 23, 2012

Financial and Medical Assistance for Families with Autistic Children

Having a child with Autism can be financially draining for the family.
Insurance is expensive and some insurance companies do not allow predisposed conditions in their coverage.

The cost to a family who have children with Autism can be staggering . Between treatments, specialized child care (if both parents are employed), or lost income, not to mention any medical conditions associated with their Autistic child, the cost is estimated according to channel 7 news to run over 3 million dollars for the lifetime of the child.

Trying treatments to relieve the signs and symptoms of Autism have to be borne by the family as no insurance company will pay for any treatments that are not approved by a physician.

Financial and Medical Assistance for Families with Autistic Children

There may be some financial relief for some families who have children with Autism. A way for them to receive free medical care and some help with supplements and basic needs.

As soon as the diagnosis of Autism is received from a Doctor or Psychologist, the family should contact Social Security to obtain medical assistance for their children with Autism.

The paperwork can be lengthy as is the waiting for determination, but the long term benefits can be worth it.

They will require confirmation of the Autism diagnosis from the physician. In addition they will send you forms to fill out which basically tells them what the functioning ability of the child with Autism is.
Questions include safety issues, social issues and basic activities of daily living as well as attestations as to the Autistic child's social skills and mental capacity.

They will also require the same form to be completed by another person, preferably in a teaching or care giving capacity that echoes your assessment of the child's abilities.

Determination is not made on the diagnosis of Autism, but rather on the level of functioning that the child can achieve.

The monetary compensation is calculated on the family's income and is paid monthly to the child if capable mentally and is of age, or to a surrogate, usually the child's parent or caregiver.

If Social Security does approve your application for medical assistance for your children with Autism, this automatically puts them on Medicaid which can be a lifesaver for parents who are struggling to find adequate insurance coverage.
Medicaid also pays for incontinence products and for those that live in an area where this is available respite care which can help relieve a little of the stress associated with raising an Autistic child.

It is definitely worth the time and energy to apply to Social Security for medical assistance for your Autistic children as it can help relieve the financial burden that you will carry for the years to come.

Financial and Medical Assistance for Families with Autistic Children
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Financial assistance for families with Autistic children may be obtained, you just need to know where to look for it. Visit us at http://www.howdoiknowifitisautism.blogspot.com for a little light at the end of the tunnel. Written by Donna Mason, the mother of 3 Autistic children looking for a way to survive and help her children.

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Tuesday, November 20, 2012

Use Free Live Cam Chat Rooms to Visit Friends and Family

With a son in the diplomatic corps in the Middle East, an elderly mother in Florida, grandchildren all over the globe, and friends in Europe, my family needs an easy and inexpensive way to see and hear the people in our lives. That's why we like free live web cam chats.

With a free web cam chat, we can visit with friends and family all over the world using our browser. No download is need. We can broadcast audio and video and stream live webcams.

What is a webcam?

Use Free Live Cam Chat Rooms to Visit Friends and Family

A webcam is a video device that is connected to a computer or computer network. A webcam allows a computer to act as a videophone or video conferencing unit. Like much of modern technology, webcams have had a meteoric rise in popularity since their beginning in 1991. Webcams are so popular today they have their own verb; to webcam is to connect with other people through a computer-based video device. Apple and other computer manufacturers now build webcams directly into their laptops.

Creative uses of webcams

Webcams are most popular for one-on-one communications between people who are at a distance from one another. People have stretched the use of webcams to include some very creative applications.

Military husbands stationed in the Middle East have been able to witness the birth of a child through webcams. Deaf people who communicate through sign language use webcams to speak with one another. You can point a webcam in your house to check on your children, your pets, or the babysitter. Going on vacation? With a webcam you can keep an eye on your house without hiring a house sitter.

Nature lovers have been making great use of webcams. With webcams positioned high in trees, bird watchers can observe nesting behavior of bald eagles and other endangered birds. Deep-sea webcams let you observe underwater happenings and allow scientists to monitor the effects of climate change.

Want to find out who's dumping trash on the far side of your property? Post a webcam there and you'll soon find out.

Grandparents can keep in touch with their grandchildren through webcamming. They can read stories, have conversations, and watch them nap. Grandchildren can show off their latest artwork and demonstrate their tumbling expertise. This is especially valuable for elderly people who cannot easily travel and for families who live far away from each other.

Web cam chat rooms

Free live web cams offer free unlimited messages, high quality video and audio rooms. Users can video chat one-on-one with others. You don't need your own webcam. With webcam chat rooms, there's no download, registration, or account. Users go to an online chat room, visit with their friends and family, or meet new people. Users can find free chat room for teens, for adults, for men, for women, and for speakers of various languages. Or, you can just log in and share your point of view. The growing community of free live cam chat rooms is one more example of how the Internet and computer technology enhance communication and connection.

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Friday, November 16, 2012

Accidents in the Home - Safety and Prevention of Accidents at Home

Safety and the prevention of accidents in the home are some of the areas that are considered to be very important. Often, we incur injuries that can easily be prevented. It is even more important to take the two factors into considerations when there are children and the elderly at home. Following are a few tips on promoting safety and preventing accidents.

The first step is to identify the age groups that are present and modifying the environment accordingly to help decrease or eliminate accidents that may result in injuries. Education is an important factor. This includes showing children simple procedures such as washing hands after using the bathroom (toilet) and before touching any food. During this teaching process it is very important to take into account the age groups in the home because some educational materials may not be suitable for certain age groups.

Improving safety at home may also include enforcing the regulations or laws that can modify the behavior of the age group or people at risk the most. Looking at the risks involved individually can help a great deal.

Accidents in the Home - Safety and Prevention of Accidents at Home

Another factor is that it is very vital to have all the most important phone numbers in readily accessible locations. This includes the emergency number, poison control number, your family physician number and other important numbers.

Parents and children can recognize dangerous items in the home by using childproofing products. Many factors should be considered such as falls, infection, injuries, burns, suffocation, drowning, and inhalation, ingestion of poison/foreign bodies, guns and substance abuse. Statistics show that each of these factors is predominant in one individual age group and not others.

For example, infections are high in neonates and can easily be prevented by washing hands frequently. Falls are also a highest risk in infants and can be prevented by closely supervising children. Burns are the highest risks among the school-aged children and teaching them about prevention of accidents can promote safety in this age group. Drowning is another safety risk highest among adolescents. Teaching adolescents about responsibilities, about the new world of freedoms that accompany being a teenager, can help equip them with the knowledge they need to face the dangers and risks when they are on their own.

Accidents in the Home - Safety and Prevention of Accidents at Home
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If an accident does happen, make sure you are prepared. Click here to see a list of things you need: http://www.abouthealthtips.com/firstaid/ online.

Copyright © Katie Johnson. http://www.abouthealthtips.com/

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Tuesday, November 13, 2012

Family Medical Leave Act - FMLA and Workers' Compensation Maze - An Employer FMLA Guide

Topics:

1. How are leaves covered under the FMLA and workers' compensation statutes and how much time off is required?

2. When is a WC injury covered under the FMLA?

Family Medical Leave Act - FMLA and Workers' Compensation Maze - An Employer FMLA Guide

3. Should WC leaves be treated separately from other types of leaves?

4. Should the employer give the employee any special notification under the FMLA?

5. Does an employer have to pay for health insurance for an employee on WC leave?

6. Can an employee on WC leave be required to use vacation or sicK leave?

7. If the employee is released to light duty, can he be required to return to work?

8. Does the employer have to reinstate an employee returning from a WC leave?

9. Prevent Legal Headaches: Count WC Leave as FMLA

Implementing the FMLA can be tricky, especially when a leave of absence involves workers' compensation injuries. This article answers some of the most common questions concerning workers' compensation and the FMLA.

The Family and Medical Leave Act (FMLA) statute does not contain any direct reference to workers' compensation injuries, and employers did not receive specific guidance on the topic until the April 1995 final regulations. However, since most workers' compensation leaves are covered under the FMLA, an employer's failure to treat these leaves as FMLA leaves can lead to inadvertent violations of the statute's requirements. To help navigate the complicated legal maze of the FMLA and workers' compensation, the Editors have identified eight frequently asked questions on this topic. The answers are based on analyses of the FMLA, its regulations, court cases, Department of Labor Wage and Hour opinion letters, and discussions with HR and legal experts.

1. How are leaves covered under the FMLA and workers' compensation statutes and how much time off is required?

The FMLA is a mandatory federal leave law intended to protect employees who need to take time away from work to attend to certain family and medical problems. It applies to employers with 50 or more employees and all public agencies and schools and allows an eligible employee to take up to 12 weeks of job-protected leave for various family and medical reasons, including medical leave when the employee is unable to work because of a "serious health condition."

Workers' compensation ("WC") statutes are primarily state liability and income continuation laws that protect employees who are injured while working. Almost every state has a law that guarantees an income (funded by employers and the state) to employees injured on the job and at the same time places limits on the employer's responsibility for the injury. Benefits vary from state to state but typically include medical treatment, rehabilitation, disability, and wage continuation. WC statutes generally are not leave laws, however. Most states do not require employers to give a specific amount of leave for workers' compensation, and only a few states require reinstatement from WC leave.

2. When is a WC injury covered under the FMLA?

If the employee is eligible for leave under the FMLA and the injury is considered a "serious health condition," the WC leave should be treated under the FMLA. The FMLA defines serious health condition broadly to include any "illness, injury, impairment, or physical or mental condition that involves" either inpatient care or continuing treatment by a health care provider. The statute does not distinguish between work-related and nonwork-related injuries. Thus, any on-the-job injury that requires an employee to take leave to seek inpatient care or continuing treatment likely will be covered by the FMLA.

Accordingly, whenever an employee is injured on the job and needs time off to recover, the employer immediately should determine if the employee also is eligible for leave under the FMLA. If the employee is eligible for FMLA leave, the employer should notify the employee in writing that the leave is covered under the FMLA so that the leave time may be counted against the employee's 12-week FMLA entitlement. If the employer does not run the WC leave concurrently with the FMLA leave, the employee may still have the full 12-week FMLA entitlement available to use after the WC leave.

3. Should WC leaves be treated separately from other types of leaves?

Some experts suggest that WC leaves be treated separately from all other types of leaves to ensure compliance with the requirements of state workers' compensation laws. However, treating workers' compensation as a totally separate category of leave may cause employers to inadvertently neglect the requirements of the FMLA.

4. Should the employer give the employee any special notification under the FMLA?

In order to deduct the time spent on WC leave from an employee's annual FMLA leave entitlement, the employer must notify the employee in writing that the WC leave is designated as FMLA leave and will count against, and run concurrently with, the employee's 12-week entitlement. The notice to the employee must detail the specific obligations of the employee while on FMLA leave and explain the consequences of a failure to meet these obligations. Most employers use the Department of Labor's Form WH-381 to comply with these notice requirements. If the employer does not provide the notice, it cannot count the WC leave towards the 12-week FMLA entitlement. Therefore, the employee may be entitled to an additional 12 weeks of FMLA leave at a later date.

If the employee has been on WC leave without being placed specifically on FMLA leave, the employer should send notice to the employee immediately so that the FMLA clock starts running. However, the employer may then only designate the leave from the date written notice to the employee is provided. It cannot retroactively designate the time spent on WC leave against the FMLA entitlement.

5. Does an employer have to pay for health insurance for an employee on WC leave?

If the employee qualifies for FMLA leave and the employer normally pays for health insurance, the answer is yes. Although most state WC laws do not require employers to pay for health insurance during a WC leave, the FMLA requires the continuation of health insurance benefits during an FMLA leave. Typically, the state WC laws cover the employee's medical costs related to the work injury but do not mandate continued coverage under, or payment for, a health insurance plan. However, under the FMLA, employers must provide the same health benefits during an eligible employee's FMLA leave that it would have provided if the employee worked throughout the leave. Thus, if the employer normally pays 80% of an employee's health benefits premium, it must continue to do so during the employee's FMLA/WC leave.

6. Can an employee on WC leave be required to use vacation or sick leave?

The FMLA allows employers to require employees, or employees to elect, to substitute accrued vacation, sick, or other paid leave for all or part of the 12 weeks of unpaid leave. Employees on WC leave typically receive up to two-thirds of their normal pay as a wage benefit under state law. In recognition of this benefit, the FMLA regulations do not allow the use of paid leave if the employee is receiving workers' compensation, even to make the employee "whole" or if requested by the employee. However, the employer may designate the leave as FMLA leave and count it against the employee's 12-week FMLA entitlement.

7. If the employee is released to light duty, can he be required to return to work?

Most light duty positions do not include the employee's normal job functions. Therefore, if the employee is unable to perform the essential functions of the job because of the work-related injury, he may continue to take any remaining FMLA leave and cannot be required to accept the light duty position. However, if the state workers' compensation statute requires the employee to take the light duty assignment to continue receiving wage benefits, the employee's WC benefits may be discontinued. The employee then must be allowed to use any accrued paid leave during the remaining unpaid FMLA leave.

8. Does the employer have to reinstate an employee returning from a WC leave?

If the employee is covered under the FMLA, he must be reinstated to the same or an equivalent position. The employee must be reinstated even if the employer did not notify the employee of coverage under the FMLA. If the employee does not return to work at the end of the 12-week FMLA leave, the employer may terminate the employee without violating the FMLA as long as the termination is consistent with the treatment of similarly-situated employees who have taken FMLA leave. However, the employee must have been properly placed on FMLA leave and notified that the time off for WC leave ran concurrently with the FMLA. In addition, a few state WC laws, such as Oregon, require reinstatement regardless of the length of the WC leave. As a further complication, the employee may be considered disabled under the Americans with Disabilities Act and, therefore, may be entitled to additional leave as an accommodation.

9. Prevent Legal Headaches: Count WC Leave as FMLA

Since most workers' compensation leaves typically will be covered under the FMLA, employers should be prepared to comply with both laws. Failure to categorize a WC leave as a FMLA leave generally will not harm the employee as long as he gets all of the benefits of FMLA leave, such as continued health insurance and reinstatement rights. However, the employer may lose the opportunity to count the time on WC leave against the employee's FMLA entitlement and may extend unnecessarily the employee's FMLA leave eligibility. In addition, employers may violate the FMLA if they do not reinstate an employee from a WC leave that was not properly designated as FMLA leave.

Family Medical Leave Act - FMLA and Workers' Compensation Maze - An Employer FMLA Guide
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Thursday, November 8, 2012

FAQ - Family Medical Leave Act (FMLA) & California Family Rights Act (CFRA)

Quick FAQS

What are FMLA and CFRA?

FMLA stands for Federal Family and Medical Leave Act. CFRA stands for California Family Rights Act. Both acts represent Federal and State laws that allow eligible employees to take up to 12 work weeks of unpaid leave during any 12 month period.

FAQ - Family Medical Leave Act (FMLA) & California Family Rights Act (CFRA)

What are the acceptable reasons for taking a leave of absence?

For FMLA reasons will include a serious health condition of the employee, child, spouse, or parent; the birth of a child of the employee, placement of a child for adoption or foster care. This includes any period of incapacity due to pregnancy, including prenatal examinations or severe morning sickness.

CFRA works the same as FMLA, except that CFRA also allows for care of a registered domestic partner and excludes pregnancy. For pregnancy, California allows up to 4 months of Pregnancy Disability Leave (PDL) pursuant to the California Fair Employment and Housing Act for all employers with five or more full or part time employees. PDL is for any women hindered due to pregnancy, childbirth, or a related medical condition. This includes prenatal care and severe morning sickness

Federal Family and Medical Leave Act (FMLA) for Covered Employers

Covered Employers are those who engage in activity affecting commerce and employ 50 or more employees in 20 weeks of current or preceding year. Public agencies and private elementary and secondary schools are covered regardless of the number of employees.

California Family Rights Act (CFRA) for Covered Employers

Covered Employers are those who engage in business or enterprise in California and employ 50 or more employees in any 20 weeks of current or preceding calendar year. California, counties, and any political or civil subdivision of the state and cities are covered regardless of the number of employees.

FMLA and CFRA for Covered Employees

Covered Employees are employed with the employer for at least 12 months (need not be consecutive months), worked at least 1,250 hours during the 12 month period immediately preceding the leave, and employed at a worksite where 50 or more employees work within a distance of 75 surface miles.

What are the posting requirements?

An FMLA and CFRA notice explaining entitlements of leave and procedures for filing a complaint with the Department of Labor, Wage and Hour Division must be posted in a conspicuous place where applicants and employees tend to congregate.

Can the employer request medical certification?

FMLA and CFRA. An employer can request medical certification from the employee. The employer can ask for a second and even third opinion to verify the validity of the medical certification. However, under CFRA, a second or third medical opinion cannot be requested regarding the care of an employees family member. The employer must accept the certification

What is the employer's obligation to designate or deny leave?

For both FMLA and CFRA it is the employer's obligation to designate or deny leave, in writing and indicate if leave is paid or unpaid. Designating leave must be done prospectively and not retroactively unless the employer lacks sufficient information as to the reason for leave.

FMLA and CFRA allowed time off

For FMLA, up to 12 weeks in an established 12 month period is allowed. Intermittent leaves or a reduced work schedule may be taken when medically necessary. CFRA is the same as FMLA with the exception that leave(s) taken for the birth, adoption, or foster care placement shall be granted at a minimum of two week increments. On two occasions increments of less than two weeks may be used.

FMLA and CFRA leave will run concurrently, except in the case of a leave taken for disability due to pregnancy, childbirth or a related medical condition in the State of California which is covered separately under the California Pregnancy Disability Leave.

How to determine paid or unpaid leave.

FMLA and CFRA is unpaid, however, an employee may choose or the employer may require substitution of unpaid FMLA with vacation or other accrued time off and/or sick pay to the extent the circumstances meet the employer's typical policy for the use of sick pay.

Does the group health coverage continue while the employee is on leave?

For both FMLA and CFRA, the employer must continue any group health plan for the duration of FMLA leave, at least 12 weeks in a 12 month period, under the same conditions as if the employee was actively working. Longer health plan coverage or other benefits are determined by the employer's policy to the same extent and under the same conditions as would apply to any other leave. Employees are still responsible for their share of benefit premium payments.

What happens when the employee returns from leave?

For both FMLA and CFRA, the employee must be reinstated to the same or equivalent position at the end of leave. However, the employee has no greater right to reinstatement, benefits, or to other conditions of employment than if he or she was continuously employed during FMLA leave. The exception to this is for salaried key employees, defined as the highest paid 10% of all employees. If denial is necessary to prevent serious economic harm to the employer, then the employee needs to be properly notified.

The above is a brief summary of information pertaining to FMLA & CFRA and not a complete description of all rules and regulations. As rules and regulations are subject to change we cannot verify that all information is current or completely accurate. HCP National provides educational programs to assist our clients in risk management through compliance with various applicable federal laws, rules and regulations; however, this is neither an effort to practice law or a legal service. We encourage everyone to consult with their own attorney, certified public accountant and tax professional on any issues involving specific facts, persons, circumstances or situations.

FAQ - Family Medical Leave Act (FMLA) & California Family Rights Act (CFRA)
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About HCP National Insurance Services

HCP National is a one-stop shop for all your insurance needs. We provide all lines of insurance coverage including employment risk management, ASO and Stop Loss Insurance, Fully Insured Managed Care Programs, Medical Malpractice E & O and D & O, Reinsurance, Product Liability, BOP's, Workers Compensation, All Forms of Property and Casualty Insurance.

At HCP National Insurance Services Inc., we provide a comprehensive and economical portfolio of insurance and reinsurance products and services to meet your company's needs. Come visit our website at HCP National Insurance.

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Wednesday, November 7, 2012

Home and Family: Your Memories Are Your Legacy

This year I decided that it was time to bring some order to the family information that I have and to use it to build a legacy for my descendants. Even though I bought a membership to a wonderful software program, it has been kind of like trying to put together a 100,000 piece puzzle. You see, I have the family lineage for four grandparents traced back to the 1600s.

Now you might not have any desire to invest your time and energy to this extent. You need to remember, though, that the information and memories you have will likely be lost once you leave this earth unless you do something to prevent that from happening.

I have been so grateful to the family members who have shared their stories and photos with me and know there are people in your family who would feel the same way if you would do the same with them.

Home and Family: Your Memories Are Your Legacy

Following are a few steps that will help you to build a beautiful legacy for others:

1. Designate a physical place where you can store family information. I use an old briefcase, a binder with dividers and some photo boxes.

2. Label your photographs. A date, location, names and ages of the individuals in the picture can easily be written on the back with a permanent marker that will not fade or damage like a ballpoint pen would do.

3. Gather items with historical significance. Baptismal certificates, awards, or funeral cards can easily be scanned, stored in labeled computer files and then shared and used repeatedly. Remember to make back-up copies!

4. Ask good questions of other family members who will likely be pleased that you are interested. Everyone has a story to tell and you will be surprised at what you learn from the ones that people will tell you if you are willing to listen.

5. Take good notes. Even when you are sure that you will remember things, there is always a chance that you will forget details. And besides, your written notes will likely be valued by others when you are gone.

6. Use your camera! Opportunities to take photographs of a family group, place or even a tombstone might disappear. You never know when someone will die, a building will be demolished or time will erode something you think will last forever.

7. Search the internet for information. I have been shocked at the amount and types of information about my family found that ten years ago would not have been so easily accessible. Trying searching for your own name and you might be surprised at what you will find!

8. Set up a system to organize your information. I recently purchased a number of acid-free boxes that I plan to use to sort items into categories. I have one for each of my adult children's families, one for the time when the children were still at home, one for the family and home during my growing up years, and one for all the earlier years where I will store information about grandparents and other extended family members.

9. Begin telling the stories now. You might want to do this in person, with the help of a video camera or in writing. I am so thankful that my paternal grandfather left about thirty pages in his own handwriting that documents his early years dating back to 1888. Your child would likely treasure a birthday gift that describes the day s/he was born.

10. Choose a format that you will use to pass the legacy onto others. I have purchased a software program that allows me to upload photos, enter notes and print pages of selected groups from the family tree. All of this and scanned photos from my old albums will eventually be stored on individual external hard drives which can then be given as gifts to each child for his/her family.

Legacies can take different forms. The most personal and powerful one that you can leave for your family, however, consists of the memories and information that no one else has - at least until you give it to them! And then it becomes a legacy to be passed down through the ages.

Home and Family: Your Memories Are Your Legacy
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And now I would like to invite you to claim your Free Instant Access to a complimentary list of 10 Steps to Making Your Life an Adventure when you visit http://lindahancock.com

From Dr. Linda Hancock, Registered Psychologist and Registered Social Worker

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Tuesday, November 6, 2012

Emergency Preparedness, A Home and Family Safety Conversation

Talk and plan with your family for potential disasters. Explain why it's necessary to prepare for them. Involve each member of your household in the planning process. By talking about, reviewing and practicing simple steps that can increase everyone's readiness, it can help reduce anxiety about emergencies. Below, a list of important areas is provided to discuss and plan and use as a guide to keep your loved ones informed and ready if a disaster should strike.

Make sure all of the home members know where to find your disaster supplies and emergency kits, if you have them. (What is in a survival kit? This is another topic that should be closely looked at.)
A good idea is to have a flashlight and a pair of shoes under or by everyone's bed in case there is an earthquake during the night. Another idea is to use a plastic bag or other container attached to the bed to keep basic or personal emergency supplies from moving during an earthquake.

Discuss and determine the best escape routes from your home. Try to identify two escape routes from rooms as well as from the home.

Emergency Preparedness, A Home and Family Safety Conversation

A family should plan where to meet after a disaster or emergency if your home becomes unsafe or if you are scattered after an emergency. Choose two places, one just outside your home and one outside your neighborhood in case you are told to evacuate.

The drivers in the family should keep gas tanks at least half full at ALL times.

With today's technology it should be easy to make sure each member knows who your family or friend's near-your-home, out-of-city, & out-of-state contacts are and instruct them to call these people and tell someone where they are. It is a good idea to prioritize and agree upon a few contacts that everyone will use in case of an emergency.

In a family meeting discuss and identify the gas main and other vital utilities and make sure family members know when and how to turn them off.

Practice, practice, and practice more. Review, review and review some more. The family should schedule and set regular review and practice times to go over your evacuation routes, Stop, Drop & Roll drills, Duck & Cover procedures as wells as updating and rotating perishable emergency supplies.

Strategically place fire extinguishers at key locations in a home and garage. Teach each member of your family how to use a fire extinguisher and how to fight a fire with water.

In addition to the families' electronic devices and smart phones it would be a good idea to create emergency response cards for each of your family members. Keep these in school bags, purses or wallets as well as a copy in each vehicle.

Take into account the special needs of small children or older adults. Are there family members that don't speak English, pets, or family members that are disabled or who have specific special needs?

There may be other areas that your family needs to address. However the items above will get you started in the right direction. The fact that you are reading this means you are taking the right steps. Being prepared does NOT just happen, it is an intentional process. Nor is preparation a one time thing, but something that must be revisited periodically and hopefully at regular intervals.

Emergency Preparedness, A Home and Family Safety Conversation
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At survival4disasters.com we take the position that disaster preparedness begins before an emergency happens. Having the right supplies such as an emergency kit, first aid kit, or survival gear means being prepared for emergencies. However, putting into practice the actions that increase readiness is just as important as having the right supplies. Come visit us today for your disaster supply needs, but take the time to prepare in other ways. For your emergency supplies visit http://www.survival4disasters.com

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