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Sep 17, 2012

over 50 size group employer elects to pay for a members premium while they are out of work for 6 months and the member did not ask for FMLA is that ok or is it mandatory that FMLA be implemented by the employer?

Response from Mr. Chambers

The Family and Medical Leave Act applies to all employers who have fifty or more employees in one location. However, FMLA only requires an employer to save the employee's position and the emploee's benefits as they were when the employee was active. FMLA only requires that it be done for no more than twelve weeks in a twelve month period.

You say the employer has continued to pay for your benefits for six months. You don't mention it, nut I presume your position is also being held. If so, your employer has exceeded the requirements of FMLA. If not, as long as your position was saved for twelve weeks, then the require,ends of FMLA were met.


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