Legal Question in Medical Leave in Virginia

Insurance Coverage

What are the insurance laws covered under FMLA of VA for an employee on a leave of absense. Can the employer continue to provide health insurance benefits? Typically, insurance benefits require active employment. How does FMLA impact this requirement?


Asked on 11/16/05, 2:00 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Insurance Coverage

Here's what the Family & Medical Leave Act(FMLA)

says about the question you've raised:

"A covered employer is required to

maintain group health insurance for an

employee on FMLA leave whenever such insur-

ance was provided before the leave was taken

and on the same terms as if the employee had

continued to work. If applicable, arrange-

ments will need to be made for employees

to pay their share of health insurance

premiums.

In some instances, the employer may recover

premiums it paid to maintain health insur-

ance coverage for an employee who fails to

return to work from FMLA leave."

Based upon the foregoing, it would appear that if

you pay in part for your health insurance and go on FMLA leave, you will be expected to continue to pay your share of the premiums while on such leave if you want your health insurance to continue.

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Answered on 11/16/05, 2:48 pm


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