FMLA

June 1, 2017
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FMLA and Workers’ Compensation – Common Questions Answered

FMLA and Workers’ Compensation – Common Questions Answered The federal Family and Medical Leave Act (FMLA) and state workers’ compensation laws may both cover an employee who suffers a serious health condition while on the job. The Department of Labor (DOL) has issued revised regulations that implement the FMLA. Though the interplay between the FMLA and workers’ compensation leaves was addressed within those regulations, a number of DOL letter rulings have also clarified the interaction of these laws. Does FMLA leave run concurrently with a workers’ compensation absence? The employee’s FMLA leave entitlement may run concurrently with a workers’ compensation absence when the injury is one that meets the criteria for a “serious health condition.” Thus, an employee could receive workers’ compensation benefits to replace lost wages, while at the same time having health benefits maintained under the FMLA. However, if appropriate, the employer must be sure to designate this leave as FMLA-qualifying leave and must give notice of the […]
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April 6, 2016
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From the HR Experts: Employees And FMLA Rights

Employees and FMLA Rights Question: An employee notified his employer of a serious health condition that would require him to be out of office for some time. The employer took it as a notice of resignation and processed. A week later, the employee indicated that he wanted to go on FMLA, not resign. How should the employer proceed? Answer: The Family and Medical Leave Act (FMLA) regulations state that once an employer has been notified or has knowledge of an employee’s serious health condition, the employer is required to inform the employee of his rights and responsibilities under the FMLA. The employee does not have to specifically ask for an FMLA leave – it is up to the employer to determine eligibility and advise the employee accordingly. Additionally, if an employee has a condition that qualifies as a disability under the American with Disabilities Act, the employer has a strict responsibility to work with the employee and his medical provider […]
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February 17, 2016
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FMLA and Serious Health Condition for a Spouse

From the HR Experts and UNICO HR Solutions: Question: How do we certify a serious health condition for a spouse who is pregnant and not our employee when the husband seeks leave under the Family and Medical Leave Act (FMLA)? Answer: An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family member be supported by a certification issued by a health care provider. Both the mother and father are entitled to Family and Medical Leave Act (FMLA) leave for the birth of their child and to be with the healthy newborn child (i.e., bonding time) during the 12-month period beginning on the date of birth. A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for birth of the employee’s son […]
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September 9, 2015
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From UNICO HR Solutions – FMLA and Continued Benefits

Question: What benefits must be continued while an employee is on Family and Medical Leave Act (FMLA) leave? What should we do with an employee who is not making his share of the copayments while out on leave? Answer: Family and Medical Leave Act (FMLA) regulations require that employers continue to provide group health benefits under the same terms and conditions as if the employee was actively at work. There is no requirement under the FMLA to continue other types of benefits offered by the employer. Whether or not an employee’s other benefits continue depend on an employer’s established policy. Any benefits that would be maintained if the employee was on another form of leave should be maintained while the employee is on FMLA leave. Part of the requirement to continue health insurance benefits “under the same terms” means that both the employer and employee must continue to pay their portions of the group health insurance premium, unless the employer […]
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November 5, 2014
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From UNICO HR Solutions – FMLA and Continued Benefits

Question: What benefits must be continued while an employee is on Family and Medical Leave Act (FMLA) leave? What should we do with an employee who is not making his share of the copayments while out on leave? Answer: Family and Medical Leave Act (FMLA) regulations require that employers continue to provide group health benefits under the same terms and conditions as if the employee was actively at work. There is no requirement under the FMLA to continue other types of benefits offered by the employer. Whether or not an employee’s other benefits continue depend on an employer’s established policy. Any benefits that would be maintained if the employee was on another form of leave should be maintained while the employee is on FMLA leave. Part of the requirement to continue health insurance benefits “under the same terms” means that both the employer and employee must continue to pay their portions of the group health insurance premium, unless the employer […]
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July 8, 2014
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FMLA and Serious Health Condition for A Spouse

From the HR Experts and UNICO HR Solutions: Question- How do we certify a serious health condition for a spouse who is pregnant and not our employee when the husband seeks leave under the Family and Medical Leave Act (FMLA)? Answer- An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family member be supported by a certification issued by a health care provider. Both the mother and father are entitled to Family and Medical Leave Act (FMLA) leave for the birth of their child and to be with the healthy newborn child (i.e., bonding time) during the 12-month period beginning on the date of birth. A husband and wife who are eligible for FMLA leave and are employed by the same covered employer may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken for birth of the […]
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January 16, 2014
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From the HR Experts: Employees And FMLA Rights

Question: An employee notified his employer of a serious health condition that would require him to be out of office for some time. The employer took it as a notice of resignation and processed. A week later, the employee indicated that he wanted to go on FMLA, not resign. How should the employer proceed? Answer: The Family and Medical Leave Act (FMLA) regulations state that once an employer has been notified or has knowledge of an employee’s serious health condition, the employer is required to inform the employee of his rights and responsibilities under the FMLA. The employee does not have to specifically ask for an FMLA leave – it is up to the employer to determine eligibility and advise the employee accordingly. Additionally, if an employee has a condition that qualifies as a disability under the American with Disabilities Act, the employer has a strict responsibility to work with the employee and his medical provider in an “interactive process” […]
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