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To qualify for the Family and Medical Leave Act (FMLA), an employer must have at least 50 employees within a 75-mile radius. Additionally, employees must have worked for the employer for at least 12 months and logged at least 1,250 hours in the past year to be eligible for FMLA leave.
What else can I help you with?
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.
How does an employee qualify for and receive paid leave under fmla?
To qualify for paid leave under the Family and Medical Leave Act (FMLA), an employee must work for a covered employer, have at least 1,250 hours of service in the past 12 months, and have been employed for at least 12 months. Employees can take FMLA leave for specific family and medical reasons, such as the birth of a child or a serious health condition. While FMLA itself does not provide paid leave, eligible employees may use accrued paid leave, such as sick or vacation days, during their FMLA leave. Employers are required to inform employees of their rights and obligations under FMLA upon request.
Can an employer deny an employees fmla for non-elective surgery?
Yes, an employer can deny an employee's FMLA request for non-elective surgery if the employee does not meet the eligibility criteria set by the Family and Medical Leave Act (FMLA), such as having worked for the employer for at least 12 months and having at least 1,250 hours of service in the past year. Additionally, the employer may deny the request if the surgery does not qualify as a serious health condition under FMLA regulations. However, if the surgery meets the criteria and the employee is eligible, the employer must grant the leave.
Are diagnostic tests covered under fmla?
The Family and Medical Leave Act (FMLA) itself does not specifically cover diagnostic tests. However, if a diagnostic test is part of a serious health condition that qualifies an employee for FMLA leave, then the time taken for the test may be protected under FMLA. Employees may use FMLA leave for medical appointments related to a serious health condition, which can include time off for necessary tests. It's important for employees to communicate with their employer about their specific circumstances.
Can your employer expect you to do work while on unpaid FMLA leave?
No, your employer cannot expect you to do work while on unpaid FMLA leave. The Family and Medical Leave Act (FMLA) entitles eligible employees to take leave for specific family and medical reasons without the risk of losing their job. During this leave, employees are not obligated to perform any work duties, and employers are prohibited from requiring them to do so.
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
Is lasik eye surgery covered under FMLA?
LASIK eye surgery is typically not covered under the Family and Medical Leave Act (FMLA) since FMLA provides job protection for employees taking leave for serious health conditions, family caregiving, or certain situations, rather than for elective procedures. However, if complications arise from the surgery that necessitate time off, that leave may be eligible for FMLA protection. It's essential to check with your employer and review specific policies regarding leave for medical procedures.
