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Can an employer cancel company paid health insurance in California while the employee is on FMLA maternity leave?
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.
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..."
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.
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.
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 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.
Do you get wages when on FMLA?
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.
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 FMLA be post- dated to suit?
The Family and Medical Leave Act (FMLA) cannot be post-dated or retroactively applied to suit an individual's needs. FMLA leave must be taken in accordance with the regulations, and employers are required to provide notice and maintain accurate records of leave taken. If an employee does not give proper notice or fails to follow the required procedures, their leave may not be protected under FMLA. It's essential to communicate with the employer and adhere to the established guidelines when requesting FMLA leave.
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.
