未雨綢繆：聊一聊病休／病退保險和美國相關法律

來源: ThatIsDifferent 於 2012-01-15 06:16:17 [檔案] [博客] [舊帖] [給我悄悄話] 本文已被閱讀：次 (5500 bytes)

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借網友病休的話題，聊一聊病休／病退保險和美國相關法律。

很多公司提供病休／病退保險的選擇，但是也有人不買，或隻買病休保險不買病退保險。這好像不是明智的選擇。

(1) 病休保險（short-term disability insurance)一般提供最多６個月的帶薪病假（需要醫生證明）。工作位置公司必須給病休員工保留。有的公司免費提供病休保險。

(2) 如果病休超過６個月，那就是病退。如果有病退保險（long-term disability insurance)的話，一般拿５０％左右的工資，長期在家休息（不能出去工作）。工作位置不保留。

在本人這些年認識的同事中，有三人休病休，其中一人病退。有的時候，這個病休可以被員工用來作為與公司過招的武器。三人中另一人就是這樣。還有一人在以前的東家，公司在一次事故之後為了免責，也給病退，但已經與病無關了。

＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝＝

如果隻是留職停薪，那麽根據一個勞工法案（FMLA）因家庭或健康原因可以休12個星期。

ＦＭＬＡ(Family & Medical Leave Act)

Leave Benefits

Subtopics


Family & Medical Leave Funeral Leave Government Contracts Holidays Jury Duty Personal Leave Sick Leave Vacations

Family & Medical Leave

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

for the birth and care of the newborn child of an employee;
for placement with the employee of a child for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

A final rule effective on January 16, 2009, updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008.

Special rules apply to employees of local education agencies. The Department of Labor administers FMLA; however, the Office of Personnel Management (OPM) administers FMLA for most federal employees.