During FMLA leave, employees have the right to maintain their health coverage under any group health plan. Additionally, employees must not lose any employment benefit that accrued prior to the start of their FMLA leave.
Upon return from FMLA leave, most employees must be returned to their original or equivalent positions with equivalent pay, benefits and other employment terms.
Employees cannot waive, nor may employers induce employees to waive, their prospective rights under the FMLA. They can file a complaint with the Secretary of Labor or file a lawsuit for FMLA violations. However, this does not prevent the settlement or release of FMLA claims based on past employer conduct.
The following employee obligations or responsibilities under the FMLA can help you manage workflow and productivity. Employees must: