|
U.S. Code as of:
01/19/04
Section 2614. Employment and benefits protection
(a) Restoration to position
(1) In general
Except as provided in subsection (b) of this section, any
eligible employee who takes leave under section 2612 of this
title for the intended purpose of the leave shall be entitled, on
return from such leave -
(A) to be restored by the employer to the position of
employment held by the employee when the leave commenced; or
(B) to be restored to an equivalent position with equivalent
employment benefits, pay, and other terms and conditions of
employment.
(2) Loss of benefits
The taking of leave under section 2612 of this title shall not
result in the loss of any employment benefit accrued prior to the
date on which the leave commenced.
(3) Limitations
Nothing in this section shall be construed to entitle any
restored employee to -
(A) the accrual of any seniority or employment benefits
during any period of leave; or
(B) any right, benefit, or position of employment other than
any right, benefit, or position to which the employee would
have been entitled had the employee not taken the leave.
(4) Certification
As a condition of restoration under paragraph (1) for an
employee who has taken leave under section 2612(a)(1)(D) of this
title, the employer may have a uniformly applied practice or
policy that requires each such employee to receive certification
from the health care provider of the employee that the employee
is able to resume work, except that nothing in this paragraph
shall supersede a valid State or local law or a collective
bargaining agreement that governs the return to work of such
employees.
(5) Construction
Nothing in this subsection shall be construed to prohibit an
employer from requiring an employee on leave under section 2612
of this title to report periodically to the employer on the
status and intention of the employee to return to work.
(b) Exemption concerning certain highly compensated employees
(1) Denial of restoration
An employer may deny restoration under subsection (a) of this
section to any eligible employee described in paragraph (2) if -
(A) such denial is necessary to prevent substantial and
grievous economic injury to the operations of the employer;
(B) the employer notifies the employee of the intent of the
employer to deny restoration on such basis at the time the
employer determines that such injury would occur; and
(C) in any case in which the leave has commenced, the
employee elects not to return to employment after receiving
such notice.
(2) Affected employees
An eligible employee described in paragraph (1) is a salaried
eligible employee who is among the highest paid 10 percent of the
employees employed by the employer within 75 miles of the
facility at which the employee is employed.
(c) Maintenance of health benefits
(1) Coverage
Except as provided in paragraph (2), during any period that an
eligible employee takes leave under section 2612 of this title,
the employer shall maintain coverage under any "group health
plan" (as defined in section 5000(b)(1) of title 26) for the
duration of such leave at the level and under the conditions
coverage would have been provided if the employee had continued
in employment continuously for the duration of such leave.
(2) Failure to return from leave
The employer may recover the premium that the employer paid for
maintaining coverage for the employee under such group health
plan during any period of unpaid leave under section 2612 of this
title if -
(A) the employee fails to return from leave under section
2612 of this title after the period of leave to which the
employee is entitled has expired; and
(B) the employee fails to return to work for a reason other
than -
(i) the continuation, recurrence, or onset of a serious
health condition that entitles the employee to leave under
subparagraph (C) or (D) of section 2612(a)(1) of this title;
or
(ii) other circumstances beyond the control of the
employee.
(3) Certification
(A) Issuance
An employer may require that a claim that an employee is
unable to return to work because of the continuation,
recurrence, or onset of the serious health condition described
in paragraph (2)(B)(i) be supported by -
(i) a certification issued by the health care provider of
the son, daughter, spouse, or parent of the employee, as
appropriate, in the case of an employee unable to return to
work because of a condition specified in section
2612(a)(1)(C) of this title; or
(ii) a certification issued by the health care provider of
the eligible employee, in the case of an employee unable to
return to work because of a condition specified in section
2612(a)(1)(D) of this title.
(B) Copy
The employee shall provide, in a timely manner, a copy of
such certification to the employer.
(C) Sufficiency of certification
(i) Leave due to serious health condition of employee
The certification described in subparagraph (A)(ii) shall
be sufficient if the certification states that a serious
health condition prevented the employee from being able to
perform the functions of the position of the employee on the
date that the leave of the employee expired.
(ii) Leave due to serious health condition of family member
The certification described in subparagraph (A)(i) shall be
sufficient if the certification states that the employee is
needed to care for the son, daughter, spouse, or parent who
has a serious health condition on the date that the leave of
the employee expired.
|
|