借网友病休的话题，聊一聊病休／病退保险和美国相关法律。
很多公司提供病休／病退保险的选择，但是也有人不买，或只买病休保险不买病退保险。这好像不是明智的选择。
(1) 病休保险（short-term disability insurance)一般提供最多６个月的带薪病假（需要医生证明）。工作位置公司必须给病休员工保留。有的公司免费提供病休保险。
(2) 如果病休超过６个月，那就是病退。 如果有病退保险（long-term disability insurance)的话，一般拿５０％左右的工资，长期在家休息（不能出去工作）。 工作位置不保留。
在本人这些年认识的同事中，有三人休病休，其中一人病退。有的时候，这个病休可以被员工用来作为与公司过招的武器。三人中另一人就是这样。还有一人在以前的东家，公司在一次事故之后为了免责，也给病退，但已经与病无关了。
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如果只是留职停薪，那么根据一个劳工法案（FMLA）因家庭或健康原因可以休12个星期。
ＦＭＬＡ(Family & Medical Leave Act)
Leave Benefits
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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.
