Legal Question in Employment Law in California
Medical Insurance premium payment while on Pregency leave
Is employer obligated to pay the medical Insurance premium for a full time employee while on pregnency disability. The employer has less than 12 employees and has a policy to pay fixed amount of money per year towards medical insurance premium.
If the employee want to take family leave after pregnency disability, is the employer obligated to provide the leave and pay insurance premium?
1 Answer from Attorneys
Re: Medical Insurance premium payment while on Pregency leave
This response assumes California employment. If your employer employs 50 or more employees, they are required to provide up to 12 weeks of family care leave - and continue insurance during the leave. This is in addition to the 4 months of leave under California law, which does not include medical insurance during the leave. If the employer's policy describes the employer's obligation for premiums as a fixed annual amount - an argument may be made that pregnance should not affect that obligation.
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