Employment benefits are the foundation of a financial portfolio that often enhances the value of any work completed on the behalf of a company or organization. Those benefits are based on the work of several people and organizations in years past that fault to protect some basic and not so basic rights. The rights have unified protection under the law and have agencies that facilitate the law guidelines and will punitively impose sanctions if an employer is guilty of violating those laws based on results of a suit an employee file against a company.
Family Medical Leave Act (FMLA) was design to help family that may need to leave their employer’s employment for a certain amount of time (12 Weeks) provided they have work with the company for 12 months and have worked at least 1250 hours during that time. The leave can be to care for another immediate family member with medical challenges or they have medical health challenges of their own. Employees can take FMLA to cover time away from work for childbirth, adoption placement or foster care of a child as well. This law has strict restrictions and has severe consequences for those companies who violate or interfere with its policy. In a recent case, an employee filed suit against her company claiming retaliation because she sent an email stating she wanted to request leave. The employee has previously used FMLA leave before and was aware of the proper procedure for requesting FMLA leave. The manger replied approved to the email but 4 days later she was reassigned to a lesser paying position. The employee later filed a suit based on the retaliation from the leave. The 11th Circuit did affirmed the lower court’s ruling on the case based on the fact the employee knew what the policy was and admitted she did not follow it. She also had already determined she was going to Florida before she sent the email requesting the leave. These factors further prove that managers have to make sure they are deliberate in how they respond to FMLA request.
Consolidated Omnibus Budget Reconciliation Act (COBRA) was passed in 1985, it was established to allow employee beneficiaries continuous cover of there their healthcare benefits in the case of life changing events for up to 18 months or up to three years in some cases for. Life changing events can be termination or resignation for a company. This can include employee’s death, reduce hours, divorce or an employee becomes eligible for social security. This provision allows the employee to pay the cost of health benefits but the employees have to incur the full cost. All life-qualifying events are covered under this policy except for when an employee is termed for gross negligence. A case here in CMS had a bus driver that was falling asleep while driving a school bus with students onboard. This employee was terminated but under the gross negligence parts of the COBRA provisions, she would not be eligible for COBRA insurance. Therefore, it would seem this is...