Does the FMLA require employers to continue to make benefits available to employees on FMLA leave?
Yes, the FMLA requires employers to continue to make benefits available to employees on FMLA leave in North Carolina. This includes not only benefits related to health insurance, such as medical, dental, and vision, but also benefits related to retirement plans, including 401(k)s. Benefits must remain available and must not be reduced or denied due to the employee taking FMLA leave. However, the employer can require the employee to pay their share of the benefits premium while on FMLA leave, as long as the same terms and conditions apply for any other employee taking a leave of absence. Additionally, employers are obligated to maintain group health insurance coverage for employees on FMLA leave for up to twelve weeks, and if employees wish to extend their FMLA coverage, employers are obligated to maintain coverage during the extended leave. Finally, employers are obligated to restore employees to the same or equivalent benefit positions upon returning from leave.
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