Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com
The Family Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA), both require a covered employer to grant medical leave to an employee in certain circumstances. In addition, under Title VII, employers must not discriminate on the basis of race, color, religion, sex, or national origin when they provide family or medical leave. While both the FMLA and the ADA may require an employer to provide leave to a covered employee either through FMLA mandated leave or through a reasonable accommodation under the ADA, a question remains as to whether an employer is required to maintain the employee’s health coverage while the employee is out on leave.
Under the ADA, an employer must continue health insurance coverage for an employee taking leave or working part-time only if the employer also provides coverage for other employees in the same leave or part-time status. The coverage provided to the employee must be on the same terms normally provided to those in a similar employment status. However, under the FMLA, an employer always must maintain the employee’s existing level of coverage (including family or dependent coverage), under a group health plan during the period of FMLA leave, as long as the employee on leave pays his or her share of the premiums. An employer may not discriminate against an employee using FMLA leave, and therefore must also provide such an employee with the same benefits (e.g., life or disability insurance), normally provided to any employee in the same leave or part-time status of employment.
If you are an employer and are faced with an employee claim of discrimination under Title VII, or are facing a claim under jurisdiction of the EEOC, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: eeoc.gov
