Understanding Leave Policies: Key Considerations for Employers

As federal leave laws, like the Family and Medical Leave Act (FMLA), provide a framework for employee leave, many states are going further by enacting laws that expand these rights. These state-level initiatives address a variety of situations, offering employees more opportunities to take time off. Businesses should review these seven key considerations to comply with these legal requirements and thoughtfully manage voluntary leave options:

1. Mandatory vs. Voluntary Leave

Certain leaves of absence are required by law based on company size, and employers are generally obligated to approve these requests if the employee is eligible. In contrast, voluntary leave, such as an extended vacation or personal time, is not legally mandated. Employers can decide whether to grant such requests, guided by their internal policies.

2. Paid vs. Unpaid Leave

Leaves of absence can be classified as either paid or unpaid, depending on the circumstances and company policies:

  • Paid leave allows employees to maintain their full or partial salary while away from work.
  • Unpaid leave provides employees the ability to take time off without receiving compensation, which is common with voluntary absences.

3. Duration of Leave

The duration of leave varies based on its type:

  • Mandatory leave: Governed by specific laws, such as FMLA’s 12-week provision.
  • Voluntary leave: The duration is determined at the employer’s discretion and should align with company policy.

4. Job Protection

Mandatory leaves, like those under FMLA, require that employees return to their same or an equivalent position after their leave. Voluntary leave, however, does not come with a guarantee of job protection unless explicitly stated in company policies.

5. Benefits During Leave

Employee benefits, such as health insurance, may or may not continue during a leave of absence:

  • Mandatory leave: For instance, under FMLA, employees can retain health benefits for up to 12 weeks, provided they continue paying their share of the premium.
  • Voluntary leave: Employers have discretion over whether benefits continue during voluntary leave and should outline these terms in their policies.

6. Governing Laws

Federal laws regulating leaves include:

  • The FMLA for family and medical leave.
  • The Americans with Disabilities Act (ADA) for reasonable accommodations.
  • The Uniformed Services Employment and Reemployment Rights Act (USERRA) for military leave.

State laws often provide additional protections, such as extended family, medical, or military-related leave. Employers must stay informed about state-specific requirements to ensure compliance.

7. Policy Provisions

To maintain transparency and compliance, employers should develop detailed leave policies and include them in employee handbooks. These policies should specify:

  • Types of leave available
  • Eligibility requirements
  • Employee rights and responsibilities
  • Pay and benefit implications
  • Procedures for requesting leave

By addressing these considerations, organizations can create comprehensive leave policies that balance compliance with employee needs and operational requirements.


To learn more about how Counter Point can help support your compliance needs, request a call today!

How Experience Rating Affects Your Workers’ Compensation Premium

For many businesses, workers’ compensation costs are a significant expense. While industry classification and payroll determine base premiums, an employer’s claims history plays a crucial role in adjusting costs. This is done through the experience rating system, which rewards businesses with fewer claims and penalizes those with frequent workplace injuries.

What is Experience Rating?

Experience rating is a mandatory adjustment to workers’ compensation premiums for employers who meet a certain premium threshold. Instead of paying the standard industry rate, businesses are assessed based on their own loss experience.

The Experience Modification Factor (EMR) is the key component of experience rating. It compares a company’s actual claims history to the expected losses for businesses of similar size and industry.

  • EMR < 1.0: Indicates a better-than-average claims history, leading to lower premiums.
  • EMR = 1.0: Means the business has an average claims history and pays the standard rate.
  • EMR > 1.0: Suggests higher-than-expected claims, resulting in higher premiums.

How Experience Rating is Calculated

The EMR is based on three years of historical loss data (excluding the most recent policy year). The formula considers:

  1. Incurred Losses: The total cost of workplace injuries.
  2. Expected Losses: The average loss amount for businesses in the same classification.
  3. Payroll Size: Larger businesses typically have more predictable claims patterns.

For example, if an employer’s expected loss is $50,000 but their actual claims total $75,000, their EMR will increase above 1.0, raising their premium. Conversely, if claims are lower than expected, the EMR will decrease, leading to discounts.

How to Improve Your Experience Rating and Reduce Costs

  1. Prioritize Workplace Safety: Implement safety programs, provide proper training, and maintain OSHA compliance.
  2. Manage Claims Effectively: Investigate accidents promptly, encourage return-to-work programs, and work with insurers to control medical costs.
  3. Review Payroll and Job Classifications: Ensure that employees are correctly classified to avoid unnecessary risk adjustments.
  4. Participate in Risk Reduction Programs: Many insurers offer credits for businesses that engage in approved managed care and safety programs.

Take Control of Your Workers’ Compensation Costs 

Experience rating is a powerful tool that can significantly impact the cost of workers’ compensation insurance. Investing in accident prevention and claims management not only leads to financial savings but also creates a safer, more productive work environment. With the right strategies in place, you can optimize your workers’ compensation costs while protecting both your employees and your bottom line.

Counter Point can help you find the best coverage at the best price. Schedule a call today to explore our solution.

Understanding the Cost of Workers’ Compensation Insurance in New Jersey

Workers’ compensation insurance is essential for businesses in New Jersey, providing financial protection for both employees and employers in case of work-related injuries or illnesses. However, many business owners find the cost structure confusing. How is the premium determined? What factors influence pricing? Understanding these elements can help employers manage costs effectively while staying compliant with state regulations.

Coverage and Benefits of Workers’ Compensation Insurance

A standard workers’ compensation policy in New Jersey provides the following benefits:

  • Medical Coverage: Pays for medical treatment, hospitalization, and rehabilitation without co-pays or deductibles.
  • Wage Replacement: Covers lost wages due to temporary or permanent disability. The compensation is based on a percentage of the employee’s average wages.
  • Death Benefits: Provides financial support to the dependents of a deceased worker.
  • Employer Liability Coverage: Protects employers from lawsuits related to workplace injuries that are not covered under the Workers’ Compensation Law.

How is the Cost of Workers’ Compensation Determined?

The New Jersey Compensation Rating & Inspection Bureau (NJCRIB) oversees how policy premiums are calculated. The cost is influenced by:

1. Classification System

Businesses are categorized based on their type of work. Each classification has a four-digit numeric code, which helps insurers determine risk levels and appropriate premium rates. For example, a machine shop (code 3632) has a different risk profile than an office-based clerical role (code 8810).

2. Payroll Basis

Premiums are calculated as a percentage of payroll. Employers must estimate their total annual payroll at the beginning of the policy period, but the final cost is adjusted after an audit of actual payroll records.

3. Manual Rates

Each classification has a manual rate, which is the starting cost per $100 of payroll. These rates are reviewed annually and adjusted based on industry claims data and operational costs.

4. Experience Rating

If a company has a claims history, its premium may be adjusted using an experience modification factor (EMR). A lower EMR means fewer claims and a discount, while a higher EMR leads to increased costs.

Additional Pricing Factors and Discounts

Workers’ compensation premiums can also be affected by:

  • Premium discounts for large policies.
  • Surcharges for funds like the Second Injury Fund, which helps cover pre-existing conditions.
  • Optional programs, such as managed care credits and retrospective rating plans, which allow businesses to adjust premiums based on claims history.

Control Workers’ Compensation Costs Through Smart Strategies

Understanding how workers’ compensation costs are determined can help business owners budget effectively, improve workplace safety, and reduce premiums over time. By classifying employees correctly, maintaining accurate payroll records, and investing in safety programs, employers can minimize risks and control insurance expenses.

Are you a New Jersey business looking for solutions to help streamline workers’ compensation management? Schedule a call today!

5 Opportunities to Reduce Workers’ Compensation Premiums

Many business owners assume workers’ compensation costs are fixed, but in reality, several programs and adjustments can help reduce premiums. Employers who take advantage of these opportunities can save money while maintaining compliance with state regulations.

1. Premium Discounts for Large Policies

Policies with high premium amounts automatically receive discounts to account for economies of scale in administrative expenses. This is not available for policies written through the New Jersey Workers’ Compensation Insurance Plan (PLAN).

2. Managed Care Credits

Employers who partner with insurer-approved managed care organizations receive premium reductions. Managed care providers help reduce medical costs and speed up employee recovery, leading to fewer lost workdays.

3. New Jersey Construction Classification Premium Adjustment Program (CCPAP)

The Construction Classification Premium Adjustment Program (CCPAP) offers premium credits to construction employers who pay their workers above-average wages. As of January 1, 2024, the minimum average hourly wage required to qualify for this program is $34.00. 

Employers meeting or exceeding this wage threshold can apply for the CCPAP to potentially receive credits to reduce their workers’ compensation insurance premiums. The specific credit percentage increases with higher average hourly wages, providing greater premium reductions for employers who pay more.

It’s important to note that the CCPAP wage thresholds are reviewed annually and may be adjusted on changes in the state’s average weekly wage. Therefore, employers should stay informed about the current eligibility criteria to maximize potential premium savings.

Employers must submit an application to NJCRIB annually.

 4. Schedule Rating Plan

This program adjusts premiums based on unique risk factors such as:

  • Workplace safety measures
  • Hiring and training practices
  • Use of advanced safety equipment

Schedule rating can either increase or decrease premiums, depending on the evaluation of risk.

5. Optional Rating Programs

For businesses willing to take on some risk, two special programs allow flexibility in premium determination:

  • Retrospective Rating Plan: Adjusts premiums based on actual claims experience during the policy period.
  • Large Risk – Large Deductible Program: Allows employers to cover part of each claim in exchange for lower premiums.

Lower Workers’ Compensation Costs Without Compromising Coverage

Employers have multiple ways to lower workers’ compensation costs, from premium discounts to risk-based adjustments. By taking advantage of these programs, businesses can optimize their insurance costs without sacrificing employee coverage.

Schedule a call with us to how we can assist with workers’ compensation management.

The Advantages of Pay-As-You-Go for Workers’ Compensation

Managing Workers’ Compensation insurance can often feel like a financial juggling act. Between upfront deposits, estimated payroll calculations, and year-end audits, the traditional approach can place significant strain on businesses. That’s where Pay-as-You-Go Workers’ Compensation steps in as a game-changer. This solution provides a streamlined, efficient way to manage your Workers’ Compensation insurance, freeing up cash and reducing administrative headaches.

Instead of requiring a large annual deposit, Pay-as-You-Go eliminates the need for upfront payments. Premiums are calculated based on real-time payroll data, not estimates, an approach that significantly minimizes the risk of overpayments or underpayments during year-end audits, saving both time and money.

Key Benefits of Pay-as-You-Go Workers’ Compensation

1. Improved Cash Flow

Traditional Workers’ Compensation plans often demand a hefty upfront deposit, which can strain your business’s budget. Pay-as-You-Go eliminates this requirement, allowing you to allocate resources where they’re needed most.

2. More Accurate Premiums

By tying premium payments to actual payroll data rather than estimates, Pay-as-You-Go ensures you’re paying the right amount. This helps avoid surprises at the end of the policy period.

3. Flexible Payment Terms

Unlike traditional plans with rigid payment schedules, Pay-as-You-Go allows businesses to spread premium payments across the policy period. This flexibility supports better financial planning.

4. Minimized Audit Burden

Year-end audits can be time-consuming and frustrating, especially when discrepancies arise from inaccurate payroll estimates. With Pay-as-You-Go, real-time data minimizes the risk of overpayment or underpayment, simplifying the audit process and reducing potential penalties.

5. Reduced Administrative Workload

There’s no need to write manual checks and track complex payment schedules. Pay-as-You-Go integrates seamlessly with your payroll, ensuring payments are accurate and timely.

    A Smarter Way to Manage Workers’ Compensation

    Counter Point makes shopping for insurance easier with a marketplace featuring 25 top-rated carriers. We help you secure the best coverage at the best price—without a down payment and with the flexibility of pay-as-you-go workers’ compensation.

    Ready to simplify your workers’ compensation management? Schedule a call today to learn more!

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