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Can your employee get FMLA while planning to resign?
As long as there is a VALID MEDICAL reason.
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.
Is the employee required to use paid time while on FMLA?
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..."
Can an employer terminate an at will employee for exercising medical leave?
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.
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.
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.
While on fmla can an employee backup and receive money for the days he or she missed because of sickness?
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.
When an employee goes on Family Medical Leave is there a waiting period in order for the employee to receive a paycheck?
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.
Can you lay off an employee who is on medical leave?
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.
Can employee force management to take him back after leave of absence?
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.
Can your employer charge back insurance after maternity leave if you decide not to return to work?
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.
When an employee uses fmla can employer deny employee overtime pay?
Yes an employer can deny giving you overtime hours but if you have already worked overtime then it is not okay for an employer to deny paying overtime once the hours have already been earned.
