Does the FMLA require employers to continue to make benefits available to employees on FMLA leave?
Yes, the Family and Medical Leave Act (FMLA) requires employers in Washington to continue to make benefits available to employees while they are on FMLA leave. The FMLA guarantees that employees will be able to return to their job with the same pay, benefits, and conditions that were in place before they started their leave. Under the law, employers must maintain any employer-provided health benefits that cover the employee while they are on FMLA leave. This means that employers must continue to pay the same premiums for the employee’s coverage, and the employee must continue to pay their portion of the premium. Any changes in premiums, such as rate increases, must also be applied to employees on FMLA leave. Employers are also required to continue any other employee benefits (e.g. life insurance, vacation, and sick leave) while the employee is on FMLA leave. Any changes to these plans that are made during the employee’s leave must also apply to the employee. Finally, employers must continue to pay into any employee retirement or savings plans while the employee is on FMLA leave. This includes any employer contributions, employer matching contributions, and any money taken out of the employee’s paycheck. The employee must also continue to pay any of their own contributions. In summary, the FMLA requires employers in Washington to continue to make benefits available to employees while they are on FMLA leave. This includes health benefits, other employee benefits, and contributions to any retirement or savings plans.
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