Blogging Employee Benefits

February 15, 2006

Benefit Rights during FMLA Leave Depend on Established Policy

Filed under: FMLA — Fuguerre @ 3:23 pm

If an employee loses rights to employer-provided housing during other forms of leave under established employer policy, then the employer may require an employee to vacate employer-provided lodging during leave taken under the Family Medical Leave Act. [FMLA2006-1-A, 1/17/06] The existence of an established employer policy on conditions relating to other leave distinguishes this position from the opposite conclusion reached in an earlier DOL opinion letter, where no such established policy was present.

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