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Leave of Absence (FMLA)—Questions & Answers


Can an employer recover insurance premiums if an employee on Family and Medical Leave Act (FMLA) leave does not return to work?

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Health insurance. Employers are required to maintain coverage for employees during leave under a group health plan at the same level and conditions of coverage that would have been provided had the employees not taken leave. During the leave period, the employer and employee continue to pay their usual respective portions of the premium.

Premium recovery.Employers may require employees to repay the employer's share of the premium if the employee does not return from a leave for reasons other than a continuation, recurrence, or onset of a serious health condition or other circumstances beyond the employee's control.


View more resources on Leave of Absence (FMLA).


Disclaimer
The information provided here is intended to help our customers familiarize themselves with compensation issues that may affect them. Legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. This site and the information available through it do not, and are not intended to constitute legal or other professional advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.


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