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

Yes, the Family and Medical Leave Act (FMLA) does require employers to continue to make benefits available to employees on FMLA leave. According to the U.S. Department of Labor, a covered employer must continue health benefits to an employee on FMLA leave as if the employee had not taken the leave. Under the FMLA, employers must maintain an employee’s existing health care coverage while out on FMLA leave. This means that the employer must pay the employee’s share of the health insurance premium while the employee is out on FMLA leave. An employee’s health insurance coverage must continue for the entire FMLA leave period, including any unpaid portion of the leave. In addition to health insurance coverage, other benefits (including vacation, home leave, sick leave, disability leave, personal leave, etc.) must be made available to employees on FMLA leave. This means that the employer is legally required to keep the employee’s vacation, sick leave, and other benefits active while out on FMLA leave. In New York, employers must also comply with New York’s Paid Family Leave law. This law requires employers to provide paid leave for employees to bond with a new child or care for an ill family member. New York employers must also provide job protection for employees who take leave for these reasons. Overall, the FMLA protects employees by ensuring that their benefits remain intact while they are on leave. Employers are legally required to continue health and other benefits for employees on FMLA leave.

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