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vacation and health benefits

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  • vacation and health benefits

    I will be having surgery on my shoulder in a few weeks and I would like to know the rules on vacation pay while I am out. I will be out for about 5 months and I have pre-picked vacation and 2 of my weeks will be while I am out. I was also told that my health benefits have to be paid out of pocket while I am out. Thanks for the help.

  • #2
    What state are you in?

    How long have you worked for the employer?

    How many employees does the employer have at your location?

    In the last 12 months, have you (or will you have by the time you go out) worked 1,250 hours?

    Is the surgery for a work related injury?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      answers to the questions

      I live in PA. I have worked for my employer for 8 yrs and there are about 40 employees that work at my location. This company is a worldwide corp. Yes, I have worked 1250 hours in the last 12 months. Yes, I was hurt on the job. Hope this helps. Thanks for the quick reply.

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      • #4
        Okay, I asked the question wrong. Given that you have 40 employees at your location, but you work for a worldwide company, are there at least 10 more employees within 75 miles of your location?

        I'm sorry to have to come back to you - my fault for not wording it better the first time, but the answer to at least part of your question depends on whether or not there are 50 employees or more within 75 miles of your location.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          more answers

          Let me clear things up if I can. I think there are at least 40 employees at my location. There probably is more than that but there are two locations within an 1 hour that have at least the same number of employees. Hope that helps. Let me know if you need more info.

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          • #6
            It really makes a big difference whether or not there are at least 50 employees within a 75 mile radius. We ask for good reason.

            Also, are you being asked to pay the full premium for your health insurance or just the portion of the premium that you always do? Again, it makes a world of difference.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              I got the facts

              Ok here is the deal on the number of empolyee at my locations of work. There are 65 employees at my place of work and there are 22 at the one location and 25 at the other location that I mentioned earlier.
              I have to pay the portion that I would normally pay. But in a lump sum that covers I think 3 months. Hope this helps

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              • #8
                Okay, now that we have all the details (and sorry I asked the question wrong initially - my bad ):

                Since you have over 50 employees within 75 miles and all the other FMLA criteria is met, your employer is required to continue your health insurance benefits during the first 12 weeks of your absence. They ARE allowed to require that you pay the same portion that you normally would, and I am not aware of any law that prohibits them from asking for it all upfront. I'm sure someone will correct me if I am wrong.

                You may request or they may require that you use part or all of your vacation time during your absences. The law does not require that you be allowed to pick and choose which weeks you use vacation and which weeks you do not. If the employer decides to allow you to do so, fine. But if the employer says, you have to use vacation from the beginning of the leave until it runs out, rather than picking what weeks you want to use it, that is legal. Whether you continue to accrue vacation while you are out depends on company policy.

                BTW, 12 weeks is the longest that the law requires that your employer hold your job for you (unless there is something in PA law that grants you additional time because it is w/c - Elle will know if that is the case).

                While I have had employees in PA, somehow or other I've never had a w/c claim in PA. So I'll let Elle tell you if any of the above is different because it's a w/c claim.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  You have been a help

                  Thanks for the info about the vacation. The benefit info was helpful but I kinda had an idea that was the case. But the vacation info I was not aware of and will make sure that I request it up front before I go out. Hopefully my understanding of this is correct. Thanks again and I will look for Elle's response. I will also let you know how it goes.

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                  • #10
                    Nope, nothing different for PA.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment

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