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The Family and Medical Leave Act of 1993 For Abbott Laboratories Employees

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What Is the Family and Medical Leave Act of 1993?

The Family and Medical Leave Act of 1993 (FMLA) was enacted to help employees who need to take leave for certain family responsibilities, but who are afraid of losing their jobs. Under the FMLA, you are entitled to take up to 12 weeks of unpaid leave for the birth and care of a new child (your natural child or an adopted or foster child) or to care for yourself or an immediate family member who has a serious health condition. You must work for a covered employer and meet certain eligibility criteria.

Tip:  For more detailed information on the FMLA, visit the  U.S. Department of Labor's  website.

Who Is Covered By the FMLA?

Employees of Private Companies That Have 50 or More Employees

You may be covered by the FMLA if:

  1. You work for a private company that is engaged in commerce or in any industry or activity affecting commerce and
  2. The company has employed 50 or more people in total at your worksite (plus all worksites within 75 miles) each working day during at least 20 calendar weeks (not necessarily consecutive weeks) in the current or preceding calendar year.

Employees of All Public Agencies

If you work for a state or local government or a public or private elementary or secondary school, then you are covered under the FMLA, even if your employer does not employ 50 or more individuals. Most federal civil service and Congressional employees are also covered by the FMLA, subject to regulations issued by the Office of Personnel Management. Military families and airline flight crews also have access to FMLA benefits, and special rules apply.

When Will You Be Eligible for Leave?

You may be eligible for leave if you work for a covered employer, as mentioned. You also must have worked at least 12 months (not necessarily consecutively) for that employer, and you must have worked at least 1,250 hours during the 12 months immediately preceding the starting date of your FMLA leave. In addition, you must be taking leave for one of the following reasons:

  •  For incapacity due to pregnancy, prenatal medical care, or child birth
  •  For the care of your child after birth, or for the adoption of a child or placement of a foster child
  •  For the care of an immediate family member (spouse, child, or parent) who has a serious health condition
  •  For your own serious health condition that makes you unable to perform the functions of your job

Caution:  Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status have special leave entitlements under the FMLA (see below).

How Does The FMLA Protect You?

Allows You to Take Unpaid Leave

If you are eligible for leave under the FMLA, you can take up to 12 weeks of unpaid leave during any 12 months.

Tip:  Some states have rules regarding leave time that are more generous than federal rules. Check the laws of your state. See Questions & Answers below.

Protects Your Job

When you return from leave under the FMLA, your employer must return you to your former position or to an equivalent job. An equivalent job is one that has equivalent pay, benefits, and terms and conditions of employment as the job you had before taking leave under the FMLA.

Example(s):  When her son was born, Jane, a reporter, took 12 weeks of unpaid FMLA leave. When she returned to work, her former job had been filled by another employee; however, Jane was given another reporting job at the same pay and with the same benefits as her former job.

Protects Your Health Benefits

Your employer must maintain your group health benefits while you are on leave. This means that your health insurance won't be canceled and your employer will continue paying your health insurance premiums, if the employer normally pays them.

Example(s):  Jessica was nine months pregnant. Her doctor ordered her to take time off from work because she was developing severe high blood pressure. But Jessica didn't want to leave because she feared losing her group health insurance benefits at the time she needed them most. Her employer assured her that under the FMLA, she could take up to 12 weeks of unpaid leave without losing any group health benefits to which she was already entitled.

Tip:  If you don't return from FMLA leave your employer can recover all premiums he or she paid for your health insurance during your leave, unless you didn't return for a reason beyond your control, such as the continued serious health condition of you or your family member.

Protects Employee Benefits That Are Accrued

If you receive other accrued employee benefits besides health, such as sick leave or vacation days, your employer must protect those benefits as well. You won't be able to accrue any benefits while you're on leave, but when you return, your employer must give you the same benefits at the same levels as before. Your employer, however, may require you to use any accrued paid leave (vacation, sick, or personal days) for periods of unpaid FMLA leave. Unaccrued benefits (life insurance benefits, for instance) are not protected under the FMLA.

Example(s):  Kenneth took 12 weeks of unpaid leave under the FMLA to care for his newly adopted daughter. Since he had accrued 8 days of vacation time and 3 sick days before his leave time, his employer required that he use this time in place of 11 days of unpaid FMLA leave.

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Special Leave Entitlements for Military Families

The National Defense Authorization Act for FY 2008, signed by President Bush on January 28, 2008, included two provisions that expanded the benefits of the FMLA to assist service members and their families. One provision requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave a year for a 'qualifying exigency' connected to the active duty status of an employee's spouse, son, daughter, or parent ('active duty leave').

The other provision entitles eligible family members to take up to 26 weeks of unpaid leave to care for a wounded or ill service member ('caregiver leave'). The active duty leave creates an additional basis for an employee to take FMLA leave. Specifically, this reason for FMLA leave is for a 'qualifying exigency' that arises from the fact that the employee's spouse, son, daughter, or parent is on active duty or has been notified of an impending call or order to active duty.

Qualifying exigencies include issues arising from short notice deployments, military events, and related activities, certain childcare and related activities related to a service member's active duty or deployment status, making financial and legal arrangements, attending certain counseling sessions, and other events.

The other provision is a FMLA service member family leave program. It provides that an eligible employee may take up to 26 weeks of FMLA leave to care for a spouse, son, daughter, parent, or next of kin ('nearest blood relative') who is a covered service member. The service member must have a 'serious illness or injury' incurred while on active duty that may render the member unable to perform the duties of his or her office, grade, rank, or rating and for which the member is (1) undergoing medical treatment, recuperation, or therapy, (2) an outpatient, or (3) on a temporary disability retired list. The FMLA caregiver leave is available only during a single 12-month period. Covered service members also include veterans of the Armed Forces, so military caregiver leave may also be available to families of veterans who are undergoing medical treatment, recuperation, or therapy for a serious injury or illness.

How Do You Take FMLA Leave?

Give Your Employer Advance Notice

If you know you will need to take FMLA leave in the future for an expected birth, adoption or foster care placement or scheduled medical treatment, you must give your employer at least 30 days notice of your need for leave. If the need for leave suddenly arises or if 30 days notice is not practicable, you must give your employer as much notice as possible. Your employer may also require that you give notice of your intent to return to work.

Comply With Your Employer's Instructions

Your employer may require you to provide certification that leave is necessary because of a serious medical condition affecting you or a family member. Your employer may also ask you to provide a certification of fitness from a health care provider, saying that you are medically fit to return to your job (based on the health condition that caused your absence) if you take FMLA leave for health reasons. Although you may take intermittent leave (leave taken off and on for less than the full 12 weeks), your employer must approve this type of leave unless your leave is to care for someone (including yourself) with a serious health condition.

Know Your Rights

Your employer must tell employees who are requesting leave whether they are eligible for FMLA. Your employer is required to post a notice that outlines the basic provisions of the FMLA and is prohibited from discriminating against or interfering with an employee who takes FMLA leave. If you feel your employer has violated your rights under the FMLA, you can file a complaint with the Employment Standards Administration, U.S. Department of Labor. You can also try to recover damages through the courts on your own.

Questions & Answers

Do You Have to Take All 12 Weeks of Leave?

No. Twelve weeks is the maximum leave you can take in one year. There is no minimum, so you can take as little leave as you need, assuming you are eligible for leave. Be aware, though, that your employer may ask you to take any accrued vacation time or sick days before you take FMLA leave.

If You Can't Afford to Take Unpaid Leave, What Are Your Other Options?

Under the FMLA, none. The law was set up to protect employees from losing their jobs, not to ensure income in the event that you need to take time off from work to care for your family. You may need to use accrued sick days or vacation time. In addition, if you are sick, you may be eligible for disability insurance benefits through an employer-sponsored plan. Check with your employer.

What Do You Do If You Need More Than 12 Weeks Off From Work?

Ask your employer if he or she will allow you to take more than 12 weeks off. Some employers will grant the time under special circumstances. In addition, check your state's laws. Some states have rules regarding leave time that are more generous and encompassing than the federal FMLA rules.

How does the Abbott Laboratories Annuity Retirement Plan (ARP) determine the eligibility requirements for employees, and how can potential changes in federal regulations impact these requirements? Employees of Abbott Laboratories may need to understand the nuances of eligibility, particularly regarding age and service criteria. Changes in laws governing retirement benefits could pose questions about continued eligibility and could affect when employees can begin pension payments.

Eligibility Requirements & Impact of Federal Regulations: Employees at Abbott Laboratories become eligible for the ARP by being part of a participating division, being at least 21 years old, and residing in the U.S. (with certain exceptions for U.S. employees abroad). Changes in federal regulations could potentially alter these eligibility criteria, especially since such rules often influence age and service requirements for retirement plans. Any changes in legislation regarding retirement benefits might necessitate adjustments in eligibility rules, affecting when employees can begin receiving pension payments.

Can you explain the significance of Vesting Service in the context of the Abbott Laboratories Annuity Retirement Plan? Employees often wonder how their years of service influence their benefit eligibility and the amount they can expect. Understanding the elements that constitute Vesting Service, and the implications of terminating employment before achieving vesting, is crucial for Abbott Laboratories employees planning for retirement.

Significance of Vesting Service: Vesting Service at Abbott Laboratories refers to the time an employee must accumulate to gain entitlement to pension benefits, irrespective of continued employment. This service is critical as it determines the security of an employee's future benefits and the degree of an employee's investment in the company's pension plan. Employees who terminate employment prior to achieving full vesting lose entitlement to accrued pension benefits, making understanding and accruing Vesting Service essential for long-term financial planning.

In what ways does the calculation of Final Average Pay play a role in determining retirement benefits under the Abbott Laboratories Annuity Retirement Plan? The methodology used to calculate an employee's Final Average Pay can significantly impact the retirement income they receive. Employees at Abbott Laboratories should consider how their earnings history and the inclusion or exclusion of certain payments factor into their anticipated benefits.

Role of Final Average Pay in Benefit Calculation: Final Average Pay (FAP) is crucial in determining the pension benefits under the ARP as it represents the average of an employee’s highest earnings over a specified period. Abbott’s ARP calculates pension based on a percentage of the FAP, multiplied by years of eligible service. This calculation means that higher earnings towards the end of an employee's career can significantly increase the pension benefits, incentivizing employees to maximize their earnings potential in their final working years.

What optional forms of payment are available to employees upon retirement under the Abbott Laboratories Annuity Retirement Plan, and how do these choices affect overall pension benefits? Abbott Laboratories employees need to evaluate whether to choose single or joint survivor annuities, among other options, as these decisions can have long-term financial implications for both themselves and their beneficiaries.

Optional Forms of Payment at Retirement: The ARP offers various payment options upon retirement, including single and joint survivor annuities, which affect the benefit's distribution and longevity. These choices impact financial planning for retirement, particularly in ensuring that a spouse or beneficiary may continue to receive benefits after the retiree's death. The selection between these options should align with personal financial needs and considerations for dependents' security.

Different employees may have varying perspectives on the importance of early retirement options offered by Abbott Laboratories. What are the qualifications for early special retirement, and how does this option affect retirement income? Employees contemplating retirement before the standard age should understand how factors such as age, years of service, and the specific provisions of the Abbott Laboratories Annuity Retirement Plan influence their benefits.

Early Retirement Qualifications and Impacts: Early retirement under the ARP is available to employees who meet specific age and service criteria, allowing them to retire with reduced benefits before reaching the normal retirement age. This option can significantly affect retirement income, depending on the number of years ahead of normal retirement age the employee chooses to retire, making it crucial for employees to understand the financial trade-offs involved in retiring early.

How does the Abbott Laboratories Annuity Retirement Plan ensure compliance with the Employee Retirement Income Security Act (ERISA), and what rights do employees have under this act? Abbott Laboratories employees should be informed about their rights regarding plan documentation, required disclosures, and recourse in the event of disputes pertaining to their retirement benefits.

ARP Compliance with ERISA: The ARP is designed to comply with the Employee Retirement Income Security Act (ERISA), providing employees with rights to information about plan features and funding, benefits accrual, and recourse in case of disputes. Compliance with ERISA ensures that employees' retirement benefits are protected under federal law, offering a framework for security and transparency in their retirement planning.

How do Abbott Laboratories employees who experience a medical leave of absence or disability maintain their retirement service credits under the Annuity Retirement Plan? Understanding the interaction between long-term disability benefits, medical leave, and retirement plan participation is essential for employees navigating health-related issues while planning for their retirement.

Impact of Medical Leave or Disability on Retirement Credits: Employees on medical leave or disability continue to accrue service credits under the ARP, ensuring that such periods do not adversely affect their pension benefits. This protection helps employees who are temporarily unable to work due to health issues maintain their trajectory towards earning full retirement benefits.

Given the potential for changes to the Abbott Laboratories Annuity Retirement Plan, how can employees stay informed about their rights and any modifications to the plan’s terms? Employees at Abbott Laboratories should have access to reliable communication channels, including how to receive updates about the retirement plan, which could impact their financial planning.

Staying Informed About Plan Changes: Employees can stay informed about changes to the ARP through regular communications from Abbott Laboratories, access to updated plan documents, and direct inquiries to the Abbott Benefits Center. Staying proactive in seeking information and understanding the implications of plan modifications is essential for effective retirement planning.

What processes should Abbott Laboratories employees follow if they wish to obtain a statement regarding their entitlement to a pension? Employees looking to plan for retirement need clear instructions on how to request this crucial information and understand its importance in their long-term financial strategy.

Obtaining a Pension Statement: Employees wishing to obtain a statement of their pension entitlements under the ARP should contact the Abbott Benefits Center. Clear instructions on how to request this information are crucial for employees to plan accurately for retirement and understand their accrued benefits.

If an employee at Abbott Laboratories has further questions about the Annuity Retirement Plan or requires clarification on the document contents, how can they effectively contact the appropriate department? Knowing how to reach out to Abbott Laboratories' Benefits Center regarding retirement plan inquiries is vital for all employees wanting to confirm their understanding or seek additional information about their retirement benefits.

Contacting the Appropriate Department for Plan Inquiries: For further inquiries or clarification regarding the ARP, employees should contact the Abbott Benefits Center. Knowing the correct contact information and how to reach out effectively is vital for resolving concerns and gaining a deeper understanding of their retirement benefits.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
Abbott Laboratories offers an Employee Stock Purchase Plan (ESPP) that allows employees to purchase company stock at a discounted price through automatic payroll deductions. This plan operates in two periods: an "offering period" where payroll deductions accumulate, and a "purchase period" where those deductions are used to buy Abbott/AbbVie stock. The ESPP is a qualified plan, meaning contributions are made on a pre-tax basis, allowing for tax-deferred growth. Employees can benefit from lower taxes on gains if they hold the stock for at least one year and sell it at least two years after the offering date. This plan helps employees benefit from the company's performance while also providing tax savings. 401(k) Plan - Stock Retirement Plan (SRP) Abbott's 401(k) plan, known as the Stock Retirement Plan (SRP), provides a significant company match. Employees who contribute 2% of their gross pay receive a 5% company match. In 2022, employees can contribute up to $20,500 annually ($27,000 if over age 50), with employer and employee contributions capped at a combined $61,000 ($67,500 if over 50). Contributions are automatically deducted from paychecks, deferring taxes until retirement when the employee might be in a lower tax bracket. Additionally, Abbott’s Freedom 2 Save program automatically contributes up to 5% of an employee’s gross salary to the SRP plan if the employee contributes at least 2% of their income to student loan repayment. This generous matching scheme and additional programs can help employees build substantial retirement savings over time. [Source: Abbott Benefits Guide, 2022, p. 10]
Abbott Laboratories has announced significant layoffs in 2024, including the closure of its Fairfield plant, which will result in nearly 200 job losses due to cost-cutting measures. This comes amidst a broader trend of job cuts in their medtech and diagnostic divisions, particularly as demand for COVID-19 tests diminishes. Additionally, Abbott is cutting 3,000 jobs globally as part of a restructuring effort to streamline operations and improve efficiencies. This news is critical for stakeholders to understand the economic and political pressures influencing these decisions, including rising inflation, shifts in demand for healthcare products, and strategic moves to maintain financial stability in a volatile market​ (Hoodline)​​ (MedTech Dive)​​ (FierceBiotech)​​ (FiercePharma)​​ (Press Herald)​.
Abbott Laboratories offers stock options and RSUs to align employee interests with company goals. Stock options are granted with a predetermined price and vesting period, while RSUs vest over a few years based on performance or tenure. In 2022, Abbott enhanced its equity programs, emphasizing performance-based RSUs. The trend continued in 2023 and 2024, with broader RSU availability and performance-linked stock options. Executives and middle management are the primary recipients, fostering long-term alignment with company performance. [Source: Abbott Annual Reports 2022-2024, p. 34] Abbott’s RSU program provides employees with shares of company stock subject to a vesting schedule based on performance milestones or years of service. Once vested, RSUs convert to stock, and their fair market value is taxed as ordinary income. Proper tax planning around RSUs is crucial to minimize tax liability, as vesting can significantly impact income and tax brackets. Employees need to decide whether to hold or sell the stock after it becomes available, considering that selling within one year of conversion results in higher tax rates compared to long-term capital gains rates for stock held for more than a year. Integrating RSUs into a comprehensive wealth management plan is essential for maximizing their benefits.
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For more information you can reach the plan administrator for Abbott Laboratories at 1295 state street Springfield, MA 1111; or by calling them at 1-866-329-6277.

https://cache.hacontent.com/ybr/R516/00472_ybr_ybrfndt/downloads/EmpHandbook.pdf - Page 12,https://abbottbenefits.com/wp-content/uploads/BenefitsHighlightsGuide_2024.pdf - Page 7,https://cache.hacontent.com/ybr/R516/00472_ybr_ybrfndt/downloads/RetirementGuide2023.pdf - Page 22,https://cache.hacontent.com/ybr/R516/00472_ybr_ybrfndt/downloads/HealthcareOptions2024.pdf - Page 19,https://abbottbenefits.com/wp-content/uploads/2023/01/BenefitsHighlightsGuide_2023.pdf - Page 14,https://abbottbenefits.com/wp-content/uploads/2022/05/BenefitsHighlightsGuide_2022.pdf - Page 8,https://cache.hacontent.com/ybr/R516/00472_ybr_ybrfndt/downloads/AbbottAnnuityRetirementPlan.pdf - Page 11,https://cache.hacontent.com/ybr/R516/00472_ybr_ybrfndt/downloads/AbbottAbbVieMEPP.pdf - Page 25,https://abbottbenefits.com/wp-content/uploads/2024/02/BenefitsCenterGuide.pdf - Page 16,https://www.abbott.com/content/dam/abbott/en-us/documents/pdfs/annual-report-2023.pdf - Page 55

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