Question: 

Does an employer have to continue health insurance for employees who take leave under EFMLEA?

Answer:
Yes. An employee who takes expanded family and medical leave or paid sick leave is entitled to continued coverage under the employer’s group health plan on the same terms as if the employee did not take leave. See 29 U.S.C. 2614(c); see also 29 U.S.C. 1182 and 26 CFR 54.9802-1(e)(2)(i); 29 CFR 2590.702(e)(2)(i) and 45 CFR 146.121(e)(2)(i)

Employees in a group health plan who take paid sick leave or expanded family and medical leave remain responsible for paying the same portion of the plan premium that the employee paid prior to taking leave. If premiums are adjusted, the employee is required to pay the new employee premium contribution on the same terms as other employees. The employee’s share of premiums must be paid by the method normally used during any paid leave; in many cases, this will be through a payroll deduction.

For questions or additional information, please contact Jennifer Milak or Julie Hooten.

This update provides general information and does not provide tailored legal advice or establish an attorney-client relationship.