Article 16: Nine Federal Laws You Should Know About >>

16.2 Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act enacted by Congress in 1993 (FMLA) provides that in certain situations certain employers are required to grant leave to employees and that in such situations the employer is required to continue medical coverage for the employees. The federal legislation specifically provides that more liberal provisions of state law are permitted and also provides that more liberal provisions contained within collective bargaining agreements are permitted.

It is not the role of the Trustees or Administrative Office to determine whether or not an individual Employee is entitled to leave with continuing medical care under the federal FMLA statute, any state statute or the provisions of a Collective Bargaining Agreement. Disputes as to the entitlement to leave with continuing medical benefits must be resolved by the Employer, Employee and where applicable, the Local Union.

To the extent that Participants are entitled to leave with continuing medical coverage pursuant to the federal FMLA statute, state legislation or provisions contained within a Collective Bargaining Agreement, the Administrative Office will provide continuing medical coverage so long as required monthly Contributions are received from the contributing Employer. Rights under this section in no fashion affect rights under COBRA or rights to continuing medical care pursuant to the disability extension features contained within the SPD.