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Medical leave and Insurance question.....

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  • Medical leave and Insurance question.....

    Can an employer ask for me to pay my insurance while I am off for medical leave due to a surgery?
    My employer called today and said I need to bring in a check to pay for my insurance because I am off for medical leave and will not have a check coming. I had to have a surgery and will not be back to work until the end of January. My insurance comes out the first check of each month and she wants me to bring a check in before that check is cut at the beginning of month.
    Can they do that?

    I also work for a pediatricians office.
    Last edited by radar2k4; 12-26-2007, 08:50 AM. Reason: Add More info

  • #2
    You absolutely can be required to pay the portion of the insurance that you would be paying if you were working. Whether or not you can be required to pay any more than that, depends on whether FMLA applies.

    FMLA applies when ALL of the following are true:

    1.) You have worked for the employer for 12 months or more
    2.) Your employer has no less than 50 employees within 75 miles of your location
    3.) In the 12 months immediately preceding your leave, you worked no less than 1,250 hours
    4.) You or a qualified beneficiary have a serious health condition as defined by the statute.

    If FMLA applies, you can be required to pay the portion that you would be paying if working, but no more than that.

    If FMLA does not apply, you can be required to pay the entire amount.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      If you're covered by the Family and Medical Leave Act, the employer must continue your benefits although you can be asked to continue pay your portion of the premium (i.e., the portion that would come out of your paycheck) while you are on medical leave.

      If you're not covered by the Family and Medical Leave Act, the employer doesn't have to continue your benefits. Thus, how it chooses to handle the payment for such benefits it does continue is up to the employer.
      I am not able to respond to private messages. Thanks!


      • #4
        Thank you for your help. I never knew that? Have a great holiday season.


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