ERISA

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CHAPTER 15
ERISA Family Medical Leave Act
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ERISA
1) Fiduciary Standards 2) Reporting and
Disclosure 3) Participation 4) Vesting 5)
Funding 6) Plan Termination Insurance VESTING
vs. PORTABILITY
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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).
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FAMILY MEDICAL LEAVE ACT
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

• birth of employees child
• placement of child with employee for adoption
  or foster care
• serious health condition of the employees
  child, spouse or parent
• serious health condition of the employee

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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.

• To qualify employee must have worked at least
  12 months and for at least 1250 hours during
  previous 12 months.
• During 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.
• Generally employee is returned to same or
  equivalent jobs.
• Employer 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.