Does the FMLA require employers to continue to make benefits available to employees on FMLA leave?

In California, the answer to the question of whether the Family and Medical Leave Act (FMLA) requires employers to continue to make benefits available to employees on FMLA leave is yes. The FMLA requires employers to continue certain benefits for employees on FMLA leave, including health insurance coverage, for up to 12 weeks in a 12-month period. For employers who have more than 50 employees and are covered under the FMLA, they must continue to make benefits available as if the employee had not taken leave. This includes health, dental, and vision insurance, life insurance, and any other benefits the employee was entitled to prior to taking leave. Furthermore, the employer must guarantee to reinstate the employee to the same or an equivalent job at the conclusion of the leave with the same pay, benefits, and other terms and conditions of the job. During the period in which the employee is on family and medical leave, the employee is entitled to all the same benefits they had prior to taking FMLA leave, including health insurance coverage. As such, employers are obligated to make sure that the employee is able to maintain their health insurance coverage during their period of FMLA leave.

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