The Essential Guide to Family & Medical Leave

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appendix B | company policies regarding FMLA leave | 353 Clause 10: Health Insurance You can terminate an employee’s health coverage if the employee is required to pay a portion of the premium and fails to do so. However, the date that an employee’s coverage officially terminates depends, in part, on your policies for other types of paid leave. If your company has an established policy that allows it to terminate coverage retroactively to the date of the missed payment, it may do so. If it doesn’t have this type of policy, it may terminate coverage effective 30 days after the missed payment. Clause 11: Other Benefits If your company usually allows employee benefits to continue and accrue during other types of leave, you have to follow that practice when an employee takes FMLA leave. If your company usually does not continue employee benefits during leave, you do not have to continue benefits (other than health benefits) during FMLA leave. However, regardless of company policy, you must restore all employee benefits to the employee upon return from leave. The benefits must be restored to the same level as before leave and without any requalification. For this reason, it may be easier and less costly to simply continue the benefits during leave, regardless of company policy on other types of leave. You have to follow your company’s policy regarding the continuation and accrual of benefits during paid leave for employees who substitute paid leave for FMLA leave. So, if your company’s employee benefits continue to accrue during paid leave, they must also continue to accrue during an FMLA leave that is taken as paid leave. Clause 12: Premium Payments You can require employees to pay premiums for benefits during FMLA leave, but you must inform them of this requirement in your policies and you must also inform them when premium payments are due and the possible consequences of failing to pay. You can seek reimbursement of premiums paid by your company during leave from the employee upon return from leave, except that your company can’t recover its premium payments if the employee fails to return from paid leave.
354 | the essential guide to family and medical leave Clause 13: Status Reports You can request periodic status reports during an employee’s FMLA leave, asking whether the employee intends to return and, if so, when. Just make sure you are reasonable: Don’t ask too often, and don’t ask for more information than is allowed. Avoid the appearance of bullying the employee to return from leave earlier than the employee is ready to. Don’t try to get additional medical information via the status reports. Clause 14: Moonlighting You can prohibit an employee from working for another employer during FMLA leave, as long as your company has a uniform policy against moonlighting that applies for all employees. l
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please note We believe accurate, pl
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First Edition June 2007 Editor alay
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About the Authors Lisa Guerin is an
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5 Leave for a New Child Leave for B
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An Overview of Family and Medical L
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chapter 1 | AN ovERvIEW OF FAMILY A
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chapter 1 | an overview of Family a
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Is Your Company Covered by the FMLA
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Leave for a Serious Health Conditio
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Leave for a New Child C H A P T E R
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How Much Leave Can an Employee Take
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Medical Certifications (Proof of Il
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