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As we discussed yesterday, employers are required to maintain existing health insurance coverage under a group health plan for employees during FMLA leave—and you can require the employee on leave to pay his or her share. But what happens if the employee fails to do this?
Employee Failure to Pay Premiums While on Leave
If an employee doesn’t make insurance premium payments and allows insurance to lapse while on FMLA leave, the employer must reinstate the health insurance benefits when the employee returns to work. Employers are liable for any harm an employee suffers if they don’t reinstate the lapsed benefits after the employee returns to work.
Your obligation to maintain health benefits under FMLA will cease when an employee informs you that he or she doesn’t intend to return to work at the end of the leave period, or if the employee doesn’t return to work when the leave is over.
You may recover from an employee who doesn’t return to work from FMLA leave any premiums you paid to maintain his or her health insurance coverage unless the employee isn’t returning because of a serious health condition or other circumstances beyond his or her control.
In-depth leave policies, specifically for California employers—and dozens of others, too! Learn more.
Typically, because the employee has not been working and has left your employ, the only way to recover these premiums is to file a lawsuit against the employee in small claims court or in a civil court.
101 Employee Handbook Policies Specifically Written for California Employers
FMLA/CFRA leaves … a workplace challenge, to be sure but far from your only challenge.
In HR, if it’s not one thing, it’s another. Like final paychecks, overtime hassles, social media concerns—and then on top of that, whatever the agencies and courts throw in your way. And you need the right handbook policies for all of them.
Fortunately, we’ve got you covered.
Our fully updated HR Management & Compliance Report, the California Employee Handbook Template, includes 101 vital policies—written specifically for employers in California—including:
Click here for a full Table of Contents.
All of the policies are fully editable and customizable—when you order, you’ll get a link to editable Word versions of all 101 policies.
All of the policies in the California Employee Handbook Template have been drafted by an experienced California employment lawyer. Plus, we’ve provided practical information for every single policy on:
It’s like having a California employment lawyer on call, working on your handbook 24/7, at a fraction of the cost!
Best of all, we’ll send you a brand-new edition each year so you always have the most up-to-date policies available. Don’t delay—order today and get all your handbook questions answered once and for all. Learn more here.
Download your free copy of Notice Requirements for CFRA and FMLA: California Labor Laws today!