Human Resource Blog

FMLA Health Benefits

I have an employee that is out on FMLA. I was wondering if FMLA would cover her portion of the benefits contributions.

No. FMLA leave is unpaid. Under the federal law, the employer must continue the employees health insurance coverage on the same basis as before — however, the employee must still pay her portion of the premium. If the employee was paying $100 per pay period in the past, she must continue to pay that amount to the employer, to maintain her health insurance coverage. If the employer was paying the entire health insurance premium when the employee was at work, then the employer must continue to do so.

Most employers require the worker to pay the premium directly to the employer, by cash, check or money order. Other employers will maintain an employees insurance coverage and permit the employee to repay all the missed premiums out of her paycheck when she returns to work.

Some states have more restrictive laws that require the employer to continue the health insurance and collect the premiums at a later date.