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Back to work - given Medical Bill

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  • Back to work - given Medical Bill

    Employed in California.

    Came back to work after 3 months of maternity leave. Manager handed me a bill for 2 months of healthcare stating they are only allowed to cover 30 days after leave. I wasn't aware of this and wonder what the law is for maternity leave and employer covering employee's on maternity leave. Should they of notified me of the option for "cobra" coverage and that I would be responsible? I couldn't believe it and want to quit because of this.

    Thank you.

    PS. If you have a link showing information for California I would appreciate it.

  • #2
    The Family and Medical Leave Act provides 12 weeks of unpaid leave with health coverage continued. Under FMLA, you can be billed for your portion of the premiums if you decide not to go back to work after your leave, but that's not the case here if you've returned to work. So, was your leave covered under FMLA? Does your employer have more than 50 employees within a 75-mile radius of your job site? Had you worked for the employer more than 1 years and a total of 1,250 hours in that year before you went out on leave? My understanding is that the California law on family leave has similar provisions.
    I am not able to respond to private messages. Thanks!


    • #3
      Under 50 employess, but HAS worked there over a year....


      • #4
        If the company has under 50 employees, it's not subject to FMLA or the California family leave law. Thus, I think it's possible that you can be asked to pay for the premiums (although I agree with you that they should have made you aware of this up front). I'd suggest checking with the California department of labor to be sure.
        I am not able to respond to private messages. Thanks!


        • #5

          I can't tell from your post if you collected SDI or Paid Family Leave in California (both of which you are eligible for through the state regardless of employer size). They can advise you further.

          The Pregnancy Disability Law in California (applies to employers with 5 or more employees) requires that the same leave must be made available to women who are disabled due to pregnancy, childbirth, or a related medical condition as workers with other types of temporary disabilities. So if they covered the insurance for an employee with another illness, they need to do that for you or they would be in violation. Employers are obligated to post a notice explaining employees’ right to request pregnancy disability leave or transfer; and provide a copy of the notice explaining employees’ rights to any employee who requests details. So they should have told you upfront if this is their policy.

          Not sure there is much you can do other than contact the state agencies.


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