During FMLA leave, employers must maintain group health coverage on the same terms as if the employee were working. Employees generally still pay their share of the premium.
The Family and Medical Leave Act requires covered employers, generally those with 50 or more employees, to give eligible employees up to 12 weeks of job-protected leave in a year for certain family and medical reasons. During that leave the employer must maintain the employee’s group health coverage under the same conditions as if the employee had continued to work.
That means the same plan, the same employer contribution, and the same eligibility. The employee remains responsible for the employee share of the premium. If the employee does not pay, the employer may be permitted to end coverage after a grace period and written notice, and the employee may be offered COBRA.
The employee’s right to coverage ends when the leave ends. An employee who does not return may be asked to repay the employer’s share of premiums in some situations, though there are exceptions, including when the reason is a serious health condition.
We help employers build a leave procedure that covers notices, premium collection, and reinstatement when the employee returns. Because the rules turn on the facts, employment counsel should confirm the approach.
How employees pay their share while out.
Keep leave from changing eligibility.
FMLA rules for Michigan employers.
Yes, for eligible employees on FMLA leave, on the same terms as before.
Generally yes, their normal share. The employer sets how it is collected.
There are rules about recovering premiums in some cases. Confirm with your employment attorney.
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The renewal letter
Your current plan summary
Contribution split by tier
Enrolled counts by tier
Four documents — two more if your group is 50 or more. Nothing else; every extra one is a reason to postpone.
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