Legal Question in Medical Leave in North Carolina

Required to pay for health benefits during 12 week leave for birth of baby

From information that I have obtained via internet on the FMLA, my employer should have continued to pay for my health coverages,etc. during my 12 weeks of leave for the birth of my son. However, I was told by my Human Resources rep. that I would have to begin to pay for these coverages on a biweekly basis after I had exhausted my paid annual leave time which I proceeded to do up until the time of my return to work.

Note- I did not stay out the full 12 weeks.

Was this in accordance with the law? If not should I pursue reimbursement/damages?


Asked on 3/08/00, 8:12 pm

1 Answer from Attorneys

Re: Required to pay for health benefits during 12 week leave for birth of baby

The costs of most company sponsored group health insurance plans are paid for in part by the employee and in part by the employer. For that time an employee is off work on unpaid FMLA leave an employer may require that employee to pay his/her portion of health insurance which is normally the employees responsibility. The employer is still required to pay the employer portion of any health insurance costs.

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Answered on 3/21/00, 9:10 pm


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