Employee Healthcare—Collective Bargaining and the FMLA

The Wage and Hour Division of the U.S. Department of Labor (DOL) has recently issued an opinion letter advising employers on the legal impact that unpaid FMLA leave may or may not have on an employee’s eligibility to continue receiving healthcare benefits through the employer. Below is an explanation of the general healthcare coverage protections required under the Family Medical Leave Act of 1993 (FMLA) and a summary of the DOL’s recently published opinion letter on the subject.
 
Under provisions of the FMLA eligible employees of covered employers are entitled to a maximum of 12 weeks of ...

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