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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.
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.
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.
How many employees must an employer have to fall under fmla?
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.
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.
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.
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.
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).
