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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.
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 employee get fmla with mrsa?
Yes, an employee can qualify for Family and Medical Leave Act (FMLA) leave if they have a serious health condition, such as Methicillin-resistant Staphylococcus aureus (MRSA), that prevents them from performing their job. MRSA infections can be severe and may require hospitalization or ongoing treatment, which can meet the criteria for FMLA. To be eligible, the employee must work for a covered employer and meet other FMLA requirements, including having worked a certain number of hours in the past year. It's advisable for the employee to provide appropriate medical documentation to support their FMLA request.
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.
Does FMLA cover a sick father?
Yes, the Family and Medical Leave Act (FMLA) can cover a sick father, but the specifics depend on the situation. If the father has a serious health condition that qualifies under FMLA, an eligible employee can take leave to care for him. Additionally, the employee must meet FMLA eligibility requirements, including having worked for the employer for at least 12 months and having at least 1,250 hours of service in the past year.
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).
Fmla paid leave Texas law?
Your employer is not required to pay you for fmla, but is required to hold your position.
