--- title: "The nation’s most generous 401(k) plans; 6 ways ACA affects employers; frequent bathroom trips may qualify for FMLA leave: 3 things you need to know this week in employee benefits | Segal Benz" description: We read the news so you don't have to! Here are our top picks in employee benefits news this week. image: https://segalbenz.com/hubfs/sb-blog-default-feature_r01vQ-1-1200x680.png --- ![sb-blog-default-banner_r01vP-1-2000x1134](https://segalbenz.com/hs-fs/hubfs/sb-blog-default-banner_r01vP-1-2000x1134.png?width=300&name=sb-blog-default-banner_r01vP-1-2000x1134.png) [Admin](https://segalbenz.com/blog/author/admin) January 24, 2014 2 min read # The nation’s most generous 401(k) plans; 6 ways ACA affects employers; frequent bathroom trips may qualify for FMLA leave: 3 things you need to know this week in employee benefits [Previous post ](https://segalbenz.com/blog/sharing-benefits-communication-successes-human-resource-executive) [Next post ](https://segalbenz.com/blog/4-ways-prepare-and-avoid-aca-penalties-target-send-part-timers-buy-hix-plans-study-ids-your) - [**](http://www.linkedin.com/shareArticle?url=https://segalbenz.com/blog/nation-s-most-generous-401k-plans-6-ways-aca-affects-employers-frequent-bathroom-trips-may&title=The%20nation’s%20most%20generous%20401(k)%20plans;%206%20ways%20ACA%20affects%20employers;%20frequent%20bathroom%20trips%20may%20qualify%20for%20FMLA%20leave:%203%20things%20you%20need%20to%20know%20this%20week%20in%20employee%20benefits) ### Brightscope ranks the nation’s most generous 401(k) plans [Brightscope](https://bscp.s3.amazonaws.com/uploads/press_piece_pdfs/20140115_Top_30_Companies_Generosity_FINAL.pdf), a financial information company, recently uncovered company generosity regarding 401(k)s, ranking the nation’s 30 most princely plans. Taking into account vesting schedules, eligibility periods and employee contribution levels, the resulting list is a diverse one—including law firms, physicians groups, and even the National Basketball Association. The average account balance for plans on the list is $470,014, Brightscope finds, an amount well beyond the national average of about $60,000. In addition, the average participation rate is 96.49%, and company contributions average more than $30,000. If your company didn’t make the list, don’t reach for the panic button just yet—or change your business model to mirror the NBA. More simply, Brightscope’s Brooks Herman advises, just add some more generosity to your plan—offer immediate vesting and implement or increase company contributions. "Generosity is an important means for companies to recruit and retain top employees,” Herman says. ### 6 ways ACA affects employers Many U.S. small businesses won’t be able to maintain their current health benefit plans because they’re expensive, have higher premiums, narrower networks, and won’t comply with the Affordable Care Act, according to the [U.S. Chamber of Commerce](https://www.uschamber.com/blog/6-obamacare-realities-businesses-2014). That’s just one new reality on a list of six that the Chamber published this week to help employers navigate a new benefits world under ACA. Also on the list are possible premium increases due to the Health Insurance Tax, effective this year. The increases could reach $150 per employee or $360 per family, the Chamber estimates. Taxes aren’t the only worry for employers. Among the many changes for 2014, included are: new federal rules regarding deductible maximums, elimination of lifetime and annual limits, wellness plan rules, and preventive care services with no cost sharing. ### This week’s hidden gem: Don’t let FMLA make you loo-ny Can frequent trips to the restroom entitle an employee to FMLA leave? Yes, according to Jeff Nowak at [FMLA Insights](http://www.fmlainsights.com/intermittent-leave/fmla-faq-can-excess-trips-to-the-potty-be-counted-as-fmla-leave/), who cites *Collins v. U.S. Playing Card Co.*, when a diabetic employee’s breaks accessed intermittent leave under the Family and Medical Leave Act. Technically, FMLA entitlement would only come into play if breaks extend past normal rest times, Nowak writes, and employers have the right to request medical documentation if excessive bathroom breaks persist. Employee protections under the Americans with Disabilities Act also could come into play if there’s proof of a disability and a request for accommodation to cover the extra restroom time. ### Work with Us We partner with organizations that value their people first. [Let’s talk.](https://segalbenz.com/contact-us-form?hsLang=en) [Admin](https://segalbenz.com/blog/author/admin) ![Lenovo client story banner](https://segalbenz.com/hs-fs/hubfs/Lenovo-tile-770x770-1.png?width=400&height=400&name=Lenovo-tile-770x770-1.png) Client Stories Learn how we help our clients achieve results. [ Go to client stories ](https://segalbenz.com/client-stories) Sign Up for Our Email Stay up to date with the latest in HR and benefits communications. [ Subscribe now ](https://segalbenz.com/email-alert-signup-form) Resources on Demand Check out our library of resources—free to download! [ Explore resources ](https://segalbenz.com/resources)