Employers are required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. For example, if family member coverage is provided to an employee, family member coverage must be maintained during the employee’s FMLA leave.
No. FMLA clearly states "Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaidleave during any 12-month period..."
Do not understand what the phrase "backup" is referring to. However - FMLA guarantees that you will be able to collect the pay you may have coming to you (via accrued vacation/comp time/sick leave), and guarantees your position, for the length of the FMLA absence.
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.
Yes an employer can terminate an employee if the employee is abusing medical leave. However, if the employee is using FMLA, then they are likely protected.
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.
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.
Possibly. While the FMLA only gives you time off work and it does not entitle you to wages, you dp have the right to request that you receive any vacation pay or sick leave pay if you have any accrued.
An employee on FMLA leave is EMPLOYED and on the payroll. The leave may ne paid or unpaid, as the employee wishes, and paychecks come as often as other payroll employees.
It is not prohibited by any law. When an employee is the next one by seniority or tenure to be separated, out he/she goes. Folks on vacation, sick leave, even FMLA can be laid-off.
This would depend. Under the Family Medical Leave Act, , an eligible employee who availed of leaves under the FMLA, has the right to return to the same or equivalent position, pay, and benefits upon the conclusion of their leave. This means that the employer is mandated to restore his employee to his job after his leave. However, if the employee took a leave of absence not allowed under the FMLA or other state laws, or is not eligible for such job-protected leave, the management has no legal obligation to take him back.
In general, if the insurance was in force at the time of the pregnancy, the coverage will apply according to its terms. If the employee qualifies for the Family Medical Leave Act (FMLA) benefits, and decides not to return to work, the employee and the employee are generally allowed to agree to terms by which the employee can reimburse the employee for the cost of insurance that remains in force during the FMLA coverage period.