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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.
Wiki User
∙ 9y ago
Wiki User
∙ 9y agoAn employer can not force you to take the FMLA leave. However, if your employer knows you have a lot going on with your health or that of a close family member, they may suggest it.
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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.
Fmla paid leave Texas law?
Your employer is not required to pay you for fmla, but is required to hold your position.
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.
What are the requirements for the annual renewal of FMLA status in the workplace?
You have to be with an employer for 12 months and worked for 12 months or at least 1,250 hours to qualify for FMLA. You also have to have a qualifying reason to claim FMLA.
What if your employer requires you to return to work and you are on workmans comp and your doctor has not released you to work and fmla is over can the employer and fire you?
yes they can and will probably fire you.
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.
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).
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 Employer fire you if you don't return from medical leave act in twelve weeks?
Yes, after you have exhausted your 12 weeks of unpaid leave under the FMLA, you must report to work as requested by the employer or the employer may terminate you.
Can an employer cancel your medical insurance while you are FMLA for surgery?
The answer may depend on the dates when you were on FMLA leave as the law underwent some changes and is date dependent. In general, insurance may only be canceled if insurance payments were not made. But for this to occur, the employer must give you advanced notice that this will occur due to nonpayment.
