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What else can I help you with?
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.
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.
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.
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.
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 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 a pregnant employee be terminated for taking family medical leave three weeks before baby is born?
Most likely not, as long as your employer is bound by the FMLA and you have been with the Employer long enough.
Fmla paid leave Texas law?
Your employer is not required to pay you for fmla, but is required to hold your position.
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).
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.
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 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.
