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California Benefits to be Maintained During Leave

Can you tell me what employee benefits need to be maintained for employees in California while they are on either State or Federal leave? For example, if there was premium cost sharing with the Group Health Insurance Plan, and the EE on leave does not pay their share of the premium for any given month during the leave, can the ER cancel coverage?

In many states an employee on FMLA who does not pay his or her portion of the group insurance premium can have coverage cancelled. However, due to the complex nature of the California regulations and the 4 different types of leave available to California employees, our recommendation would be that an employer speak with an attorney specializing in California employment law before taking this step. Another option would be to confer with the California DLSE and take this step only if they concur that it is lawful.

Many employers would continue to carry the employee on the group insurance policy, and charge the employee double premiums when the employee returns, until the employee pays back the amount owed.

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This entry was posted on Wednesday, October 13th, 2010 at 1:03 pm and is filed under
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2 Responses to “California Benefits to be Maintained During Leave”

  1. sauna lyon Says:

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  2. Caitlin Says:

    Thanks for the kind words, sauna!~Caitlin

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