FMLA

saichoo

Our company has not been administering the FMLA since it started, instead we have a generous benefit program whereby we keep employees on MLOA at employees rate (not even Cobra rate) for up to 30 months until Medicare kicks in, then we drop their benefits with the exception of certain benefits like Long Term Disability, Life and SLI. We keep these benefits for such employees until they are released to return to work. To be honest, we have yet to come up with a cut off date for the 3 Long Term benefits since we only have a handful of such employees. Are we in violation of the FMLA even though it seems like our benefits program is even better than the FMLA.

System

I cannot comment on the validity of your existing program, but if your company is not designating FMLA leave for qualified employees, it is likely that they would be able to tack on their 12 weeks of annual leave under the FMLA to any leave they are taking under your company's program. You may want to review your entire leave program with experienced employment counsel to ensure that you are not inadvertently exposing your company to liability and determine how to implement FMLA leave at your workplace.

Sorry I can't be more helpful.