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Sep23

FMLA & insurance

Is an employer required to keep medical insurance on an employee that has requested a leave of absence under the FMLA act or does the employee have to pay the full amount of the insurance?

If the FMLA is approved, the employer must continue the employees health insurance on the same basis as if the employee was still actively working.  That means the employer must pay their portion of the insurance premium, if any. If the employer pays 50% of the health insurance premium for current employees, the employer must pay 50% of the premium for employees on FMLA.

The employee can still be required to pay his or her portion of the health insurance premium on time. In the example above, the employee would be required to pay 50% of the health insurance premium (the same amount normally deducted from the employees paycheck) each month or each pay period. If the employee fails to make this payment, the health insurance can be cancelled.

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