Does the FMLA protect an employee's benefits if the employee's job is eliminated?

The Family and Medical Leave Act (FMLA) is a federal law that grants employees in North Carolina certain job protections if they have to take temporary leave from their job. Under the FMLA, employers are required to maintain their employees’ health insurance coverage while on leave. However, the FMLA does not guarantee that an employee will keep their job if their position is eliminated for any reason while the employee is on leave. In other words, FMLA does not protect workers from being laid off or terminated due to financial or other factors beyond their control. If an employee’s job is eliminated while they are on FMLA leave, the employee could be eligible for rights to reinstatement under certain circumstances. These circumstances include when the employee’s job is reinstated in the same or a similar capacity within a certain amount of time. Additionally, depending on the number of hours worked over the last 12 months, an employee may be eligible for some economic or personal benefits after their job is eliminated. An employee would need to check with their Human Resources office to see what options they may have. Overall, the FMLA protects employees from losing their job-related benefits while on leave. However, it does not guarantee that an employee will keep their job if it’s eliminated. Employees who find themselves in this situation may have certain rights to reinstatement or other benefits, depending on their individual circumstances.

Related FAQs

Do employers have the right to ask an employee on FMLA leave to provide periodic updates?
Do I have to give my employer notice before taking FMLA leave?
Does the FMLA require employers to hold a job for an employee on FMLA leave?
Does the FMLA guarantee job protection for military families?
Can I take FMLA leave to care for a family member with an illness that requires intermittent medical treatment?
What types of family members are covered by the FMLA?
How is a 12-month period defined for FMLA eligibility purposes?
Does my employer have to keep my job open while I'm on FMLA leave?
Are employers required to give employees unpaid leave for jury duty?
Am I required to give my employer notice before taking FMLA leave?

Does the FMLA protect an employee's benefits if the employee's job is eliminated?

Related FAQs

Related Blog Posts