An employer can require an employee to use accrued paid leave (like vacation or sick leave) during FMLA leave. However, the use of paid leave must comply with the employer’s normal policies for the use of such leave. Employees should be notified of this requirement in advance, if it’s part…
FMLA
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons and to continue their group health coverage while they are on leave. While this generally applies to larger employers, understanding FMLA is important for small group agents to advise on employee rights and employer obligations in cases where it does apply.
Are employees entitled to the same health benefits upon returning from FMLA leave?
Yes, upon returning from FMLA leave, employees are entitled to be reinstated to the same or equivalent health benefits they had before taking leave. This means no waiting periods or medical examinations can be imposed if they were not required before the FMLA leave.
What happens if an employee cannot afford their portion of health insurance premiums while on FMLA leave?
If an employee on FMLA leave does not pay their share of health insurance premiums, the employer has several options. The employer can decide to pay the employee’s share and recover these payments after the employee returns to work. Alternatively, the employer may cancel coverage if the employee’s premium payment…
Does an employer have to continue health insurance coverage for an employee on FMLA leave?
Yes, under the FMLA, an employer must maintain the employee’s health insurance coverage under any “group health plan” on the same terms as if the employee had continued to work. The coverage should be maintained for the duration of the FMLA leave, up to a maximum of 12 weeks in…
If an employee goes on leave, does the employer have to cover their benefits while they are out?
If the employer is subject to FMLA, then the answer appears to be yes. From an internet search: Employers who are subject to FMLA are: Public agencies, including local, state, and federal employers, and local education agencies (schools), regardless of the number of employees. Private sector employers who employ 50…