CHAPTER 15 ERISA Family Medical Leave Act

ERISA 1) Fiduciary Standards 2) Reporting and Disclosure 3) Participation 4) Vesting 5) Funding 6) Plan Termination Insurance *VESTING vs. PORTABILITY*

FAMILY MEDICAL LEAVE ACT (Washington State law provides less to the employee than the FMLA, however employees can use whichever law seems to have greater rights).

Employers (engaged in commerce or state and local government) with 50 or more employees at a worksite (included within 75 mile radius) must provide up to 12 weeks of unpaid leave for the following reasons: FAMILY MEDICAL LEAVE ACT   birth of employee’s child   placement of child with employee for adoption or foster care   serious health condition of the employee’s child, spouse or parent   serious health condition of the employee

FAMILY MEDICAL LEAVE ACT Serious health condition = illness, injury, or physical or mental condition that requires inpatient care in medical facility or continuing treatment by doctor. v vTo qualify: employee must have worked at least 12 months and for at least 1250 hours during previous 12 months. v vDuring leave employer must maintain health coverage just as though employee were not on leave. Should the employee decide to terminate s(he) is liable for the premiums paid by employer. v vGenerally employee is returned to same or equivalent jobs. v vEmployer may require employees to use their paid vacation, personal leave, or sick leave as part of the 12 week period. Many more specific cases in law.