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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).
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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.
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 government employees get fmla?
If they otherwise qualify.
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.
What are the requirements for the annual renewal of FMLA status in the workplace?
You have to be with an employer for 12 months and worked for 12 months or at least 1,250 hours to qualify for FMLA. You also have to have a qualifying reason to claim FMLA.
Fmla paid leave Texas law?
Your employer is not required to pay you for fmla, but is required to hold your position.
Can an employee be out on Federal Medical Leave Act with one company and go to work for another company?
To qualify for FMLA leave, you must be INCAPACITATED, not just feeling puny. You must be incapacitated from attending school, going to work, or caring for yourself. If I, the employer, find that you are capable of working for someone, I withdraw your FMLA grant.
Can your employee get FMLA while planning to resign?
As long as there is a VALID MEDICAL reason.
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.
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..."
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.
