Legal Question in Employment Law in Pennsylvania
FMLA and COBRA
If an employee with a health insurance plan takes a leave of absence using FMLA procedures to take care of a potentially serious illness (cancer) upon return should she be told to pay Cobra rates or pay her ordinary health insurance rates which are significantly less? Can the employer force deductions from the employee's paycheck upon her return at COBRA rates?
Asked on 3/01/02, 11:04 am
1 Answer from Attorneys
Thomas Martin
Law Office of Thomas Martin
Re: FMLA and COBRA
A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work.
Answered on 3/01/02, 1:46 pm
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