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Do employers have the right to file for fmla with out employees consent?
No one "files for" FMLA with some agency - it is a unilateral grant from the employer. Once the employer has enough info to know whether the employee qualifies or does not qualify for FMLA, the employer MUST issue a letter announcing whether it it granting or denying FMLA. EMployees need not request FMLA to get it, but must comply with employer demands for medical certification.
If an employee is on approved FMLA and retires does the FMLA continue or do they fall under COBRA?
An employer is required by federal law to provide FMLA benefits - 12 weeks of unpaid leave per year - to employees. If you have terminated your employment by retiring, you are no longer an employee, and you would continue your health insurance through COBRA.
Can an employer disapprove fmla?
FMLA is a federal law to provide for employees who are expecting children or have newborn children. There are specific criteria required for an employee to be protected by FLMA, including length of employment. If the employee does not fit within the criteria, an employer may disapprove FMLA.
Is plastic surgery covered under fmla?
Yes -- elective surgery is covered under FMLA; however, it is considered "forseeable", and therefore requires 30-day notice be given to the employer. http://www.dol.gov/elaws/esa/fmla/er1.asp
Are you required to pay for health insurance while on short term disability?
That depends upon whether you are covered under FMLA, and the percentage of premium paid by your employer. If you are covered under FMLA, then your employer is required to continue coverage on the same basis as before your leave. For example if your employer was paying half the premium and you were paying half the premium, this arrangement would continue while you are on leave. You would be responsible for continuing these payments. If your employer pays 100% of the premium you would have no payments to make. If you are not covered under FMLA your employer is free to ask you to pay 100% of the premium.
Can an employer apply for workmans comp without employees request?
No one "files for" FMLA. The employer unilaterally grants it or denies it, based only on the employees' status. The employee is not consulted, and need not want FMLA. The employee cannot waive FMLA if the employer grants it.
Is it legal for employer to cancel health insurance while you are on bed rest Employer was paying for full health insurance?
Were you under doctor ordered bedrest? Was your employed notified and if so- was FMLA involved? If you were covered under FMLA your employer CANNOT cancel your health benefits. I would need to know how about the situation to give you a better answer. Sorry I couldn't be more helpful. Evan Yes I was under doctors orders. I gave my employer a note from my doctor that I was going to have back surgery and be off for 2 months. I am not sure if I am covered under the FMLA act our company only has 20 or less employees. 11 days after I started my medical leave (which was the end of the month) my employer stopped my medical insurance without informing me. I found out later when I went to use my insurance. Frank
Fmla paid leave Texas law?
Your employer is not required to pay you for fmla, but is required to hold your position.
Can government employees get fmla?
If they otherwise qualify.
How does an employee qualify for 12 weeks of FMLA in Texas?
It does not matter what state you live in since the FMLA is a Federal law. But you need to have worked for the requisite period of time (i.e. one year), have a qualifying medical condition (too many types to name in this answer), and your employer must be a covered employer (i.e. have at least 50 employees in a 75 mile radius and the employer must affect interstate commerce ... which virtually any employer does).
What happens if you are out longer than 12 weeks for FMLA?
FMLA runs out after 12 weeks. What happens to you after that is between you and your employer.
How many sick leave days are legal in the USA?
There are no legal requirements for sick leave days in the United States. Some companies who are required by the FMLA Act have to allow their employees unpaid sick leave. Under the FMLA employees are entitled up to 12 weeks of unpaid leave under certain circumstances.
