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?
1 Answer from Attorneys
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.