Legal Question in Medical Leave in California
FMLA for a union employee?
We are a union contractor. One of our union employees notified us that he will be taking 3 months off for the birth of his baby. He believes that we must continue to pay his health & welfare benefits as if he were working 40 hours per week per the requirements of the FMLA. Is this true?
1 Answer from Attorneys
Re: FMLA for a union employee?
If you have at least 50 employees and the employee you are asking about has been a full-time employee for the past 12 months, he may be eligible for FMLA leave, which permits him to take up to 12 weeks off to bond with a newborn. While your company need not pay him a wage, his health insurance and other benefits must remain intact under the same terms and conditions he had while he worked.
Of course, these are generalities, and there are nuances to the law which can only be addressed by your consulting with an attorney to address the specific circumstances of this situation. It would be prudent for you to spend the time to consult with an employment law attorney in your area, to avoid making any mistakes.
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