Legal Question in Medical Leave in California

FMLA employer payment of benefits

My company has a policy that states'' in order for us ( the company to pay our share of an employees health insurance premiums the employee must work 65 hours in a 2 week pay period.

They have told me that because I will not be working while I am on fMLA leave they will not pay their share of my insurance premiums. Is this legal ? please get back to me as soon as you can.


Asked on 2/21/08, 12:14 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: FMLA employer payment of benefits

No, it is not legal. An employer must continue paying for medical insurance on the same basis as before you went on FMLA leave. Tell your employer to look at California Government Code, section 12945.2(f)(1).

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Answered on 2/21/08, 12:50 pm


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