FMLA and health coverage

[Guest Brenda N.]

Can an employer require an employee to continue health benefits when on leave under FMLA?

[oriecat]

I am not sure I understand your question.

The employer is required to continue the health coverage as though the employee was still working. The employee is still required to pay any required premium that they have to contribute.

[Guest Brenda N.]

Can the employer force the employee to continue the insurance? As I read the FMLA regulations it looks to me the employee must be allowed to decline continued coverage if he/she does not want coverage during the leave. Must the employer allow the employee to have the obtion of not continuing the health plan.

[GBurns]

Brenda,

I am not familiar with FMLA and so as not to have to thimb through the whole thing, Can you cite where you found this stop and start option?

[jsb]

If the employee's cost is significant or they have other coverage, I can see why they might want to discontinue. If the employee must pay, I don't believe that you can force them to continue. The employer is required to continue its contribution, but if the employee fails to make payment (or make arrangements to make the payments), you can drop them.

[Guest Brenda N.]

Under 29 C.F.R. Part 825.209(e) it says "an employee may choose not to retain group health plan coverage during FMLA leave. However, when an employee returns from leave, the employee is entitled to be reinstated on the same terms as prior to the leave, including family or dependent coverages, without any qualifying period, physical examination, exclusion of pre-existing conditions, etc."

This is what has lead me to believe the employee has a choice of continuing coverage.

[GBurns]

Thanks.