Legal Eligible employees of covered employers may take up to 12 weeks of unpaid, job-protected leave with no change to the group health insurance coverage. This is as per the Family and Medical Leave Act (FMLA). Even if the employees are on leave; they would be covered under the same insurance with no changes to the terms or conditions. The 12 week leave may be availed for the birth of the child and to care for the newborn child within one year of birth; to take care of a newly-placed child for adoption or foster care with them within a year of the placement. In the event an employee has utilized the leave for another reason including difficult pregnancy, it may be counted as part of the 12 week FMLA leave. Is maternity leave a paid leave? If yes, is there a specific percentage that is paid? Some companies pay for maternity leave. Few other companies let an employee to avail short-term disability or accrued vacation time during maternity. One may also use 12 weeks of unpaid FMLA leave. An employee has availed paid maternity leave. This employee is also using both vacation as well as sick leave. Would the FMLA leave for this employee start after these leaves are over or is it concurrent with those leaves? Most of the employers prefer employees to take all these leave together for a couple of reasons. One of the reasons is that the FMLA is an unpaid leave and by taking the leaves together, they would get paid for a portion of the time that they are on leave. Another reason why employers prefer that employees take the leaves together is to avoid them from taking more than 12 weeks of leave (as per FMLA an employee gets 12 weeks; and four weeks of vacation leaves and sick leaves). It is up to the employees to take leaves concurrently with FMLA or consecutively. In the state of Kentucky, is it legal for an employer to force the employee to use the accumulated vacation time concurrently with the FMLA and the maternity leave? The employee wants to just use the FMLA leave along with the 6 week maternity leave. Employers are not required to pay any fringe benefits including vacation pay or leave as per the federal law or the Kentucky state law. Unless terms regarding these are mentioned in the employment agreement or the company policies; it is up to the employer to decide how the accrued vacation time needs to be utilized. Therefore, it is legal for the employer to force an employee to avail the vacation leave concurrent with the FMLA. The FMLA is an unpaid leave and by insisting that the employees concurrently use the vacation leave and the sick leave (these are paid leaves) along with FMLA, the employers are actually assisting the employees to get paid for a part of their leaves. A company allows its employees to take six weeks of paid leave and six weeks of unpaid time off as maternity leave. The employee wanted an additional 14 weeks of unpaid time off. However, the employer asked the employee to resign for requesting the additional leave. Would this be considered as legal? For the birth of a child, as per federal law, a company is required to give only 12 weeks of unpaid FMLA leave. Any additional leave beyond the 12 week FMLA leave may or may not be granted by the employer. One may be fired from work if one does not report to work after the 12 week FMLA leave or if the employee needs additional leave. An employee who works in a company in West Harrison wants to know if she qualifies for some sort of disability. Whom should she contact to verify this? Her company does not offer paid maternity leave. It seems that the employee is referring to the Short Term Disability that covers ones salary or a portion of it. Many large employers, unions and states offer this. One may avail this leave for child birth, illness or injury. One would generally be eligible for this without even signing up for it. A mother is given paid maternity leave (either for birth or adoption) in the state of PA. However, the father is not provided paid maternity leave. Is it legal to do this? Pregnancy leave is different form parental leave. A leave that is given for reasons related to disability during pregnancy (pre or post the birth of a baby) is pregnancy leave. Parental leave is given to care for the child (natural born or adopted). Parental leave is also known as maternity leave and this is given only to women. 12 weeks of FMLA leave needs to be provided by an employer who has 50 or more employees working in the company. It would be wise to give the same leave benefits to both male and female employees upon birth of a child so as to avoid a claim of discrimination. The Department of Labor website clarifies who is entitled to the parental leave as follows: The Family and Medical Leave Act ( FMLA ) entitles an eligible employee to take up to 12 workweeks of job-protected unpaid leave for the birth or placement of a son or daughter, to bond with a newborn or newly placed son or daughter, or to care for a son or daughter with a serious health condition. Clash of interest between the employer and employee regarding leaves may lead to law suits. One may ask an employment lawyer during times such as these. About the Author: 相关的主题文章:

 

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