Family And Medical Leave Act ( Fmla ) Essay

1937 Words Oct 30th, 2016 8 Pages
Family and Medical Leave Act (FMLA) “Employees on FMLA leave are protected against the reduction of force unless the employer can prove that the employee would have lost their position if not on FMLA leave status” (HRhero).
Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA requires employers to reinstate returning members of military services to the jobs. If the military employee had not received protected by USERRA, the employer would not hold their position. To pursue layoffs, an employer would have to prove “circumstances have so changed as to make such reemployment impossible or unreasonable . . . Alternatively, such employment would impose an undue hardship on the employer” (HRhero).
COBRA
COBRA federal law” requires most employers that sponsor group health plan for their employees to allow certain employees and their dependents who would otherwise lose coverage” (HRhero). Cobra offers group health plans coverage for a when an employee is fired, laid-off, or an employee terminates employment for a period of time.
Other issues employers need to consider during a layoff Other problems that may arise are “planning and carrying out layoffs: retaliation, worker’s compensation claims, EEOC claims, poor documentation, inadequate document retention, employees protected by whistleblower laws, and badly crafted severance agreements and waivers” (HRhero). However, the factors mentioned are not full proof, but the subject matter does give the HCO…

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