Common use of Job Benefits and Protection Clause in Contracts

Job Benefits and Protection. For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan." * Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. * The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Unlawful Acts by Employers: FMLA makes it unlawful for any employer to: * interfere with, restrain, or deny the exercise of any right provided under FMLA; * discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enforcement: * The U.S. Department of Labor is authorized to investigate and resolve complaints of violations. * An eligible employee may bring a civil action against an employer for violations. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. APPENDIX H

Job Benefits and Protection. For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan." * • Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. * • The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Unlawful Acts by Employers: FMLA makes it unlawful for any employer to: * • interfere with, restrain, or deny the exercise of any right provided under FMLA; * • discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enforcement: * • The U.S. Department of Labor is authorized to investigate and resolve complaints of violations. * • An eligible employee may bring a civil action against an employer for violations. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. APPENDIX H