Cocoon assumes that employers are covered under all applicable federal and state leave laws. This is reflected in the Settings tab, under Federal & state coverage. The first time you navigate to this tab, we’ll require that you acknowledge you are covered under specific leave laws. If you’re not covered by a particular law, you can switch off its toggle to disable leave administration for your employees under that law - remember to keep this information updated as you add employees in new states!
FAQs
What should we do if we believe our company does not meet the employer coverage requirements of FMLA and all state leave entitlements?
If your company is not covered by a leave law, you can change this setting in your admin dashboard.
How do we learn the coverage requirements for FMLA and state leave entitlement laws?
Cocoon provides you a succinct description of the employer coverage requirements under FMLA and state leave entitlements and links to other resources to aid your determination.
Should we consult legal counsel before making these coverage determinations?
Given the complexity of some coverage standards, when possible, it makes sense to consult with your appropriate legal counsel or Human Resources Leader as necessary to make these coverage determinations. Cocoon is not a law firm and is unable to provide you legal advice.
Can we change employer coverage settings?
Yes, we anticipate that companies will grow and expand into new states and this may trigger changes in employer coverage settings. You always have the right to change your employer coverage settings in your admin dashboard. When changing your settings, you should consider closely the impact of employees currently on leave and/or who have previously requested leave.
If you find that your employees are not being offered leave under a particular leave law that you believe applies to your workforce, please notify us immediately at [email protected].
Deep dive: FMLA and State Leave Law Employer Coverage
FMLA and state leave laws generally require that companies employ a minimum number of employees to be covered – to have obligations – under those laws. Federal FMLA, for example, defines a covered employer to include “any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.” State laws requiring employers to provide parental, medical and caregiver leaves frequently, but not always, impose obligations on much smaller employers. The minimum number of employees required to be employed and individuals considered employees vary by state law.
Many businesses adopt intentional and thoughtful legal positions on whether they are covered employers under FMLA and state leave laws including, as part of that determination, whether certain individuals who perform services for the business are considered employees, independent contractors or hold another status under applicable law. You should consider these issues as necessary when reviewing employer coverage settings in Cocoon.
Cocoon’s default settings for employer coverage:
We presume that employers meet coverage requirements under federal FMLA and all state parental, medical and caregiver leave laws.
Employers must acknowledge Cocoon’s default coverage settings in Cocoon.
Employers may change the coverage setting for any law.
Cocoon will administer leave to employees based on the coverage settings in Cocoon.