Employee Benefits During Leave of Absence
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It is critical for employers to understand when and how they are required to continue employee benefits while an employee is out on leave, and when they are not required--or even permitted--to do so.It is critical for employers to understand when and how they are required to continue employee benefits while an employee is out on leave, and when they are not required, or even permitted, to do so. The consequences of a mistake can be devastating, as it is possible that an employer could be held liable for an employee's medical bills if an employee is mistakenly allowed to continue benefits, at a time when he or she is ineligible for those benefits. This topic will enable individuals working in human resources and executives to understand the myriad of conflicting federal and state laws that govern the provision of employee benefits while employees are out on leave, including the FMLA, the ADA, USERRA, state paid sick leave laws, and local laws. You will benefit from practical guidance regarding what steps they can take, upon returning to the office, to best protect the company, including the possible amendments to employee benefits plans.
AuthorsKerstin Miller, Smith & Downey, P.A.
Employee Benefits During Leaves of Absence: Federal Laws
• Benefits During FMLA
• Benefits During ADA
• Benefits During USERRA Military Leave
Employee Benefits During Leaves of Absence: State Laws - Highlights
• Benefits While on Workers' Compensation
• Benefits While out on Leave Under State Paid Sick Leave
• Benefits While on Disability
Trends and Hot Topics
• ERISA Preemption of State Laws
• Wage Payment Issues and Deductions for Benefits Payments While on Leave
• Understanding When the Provision of Benefits May Conflict With the Terms of the Plan