Disability & continued medical benefits N.J.

[SARANGO]

undefinedWhat is the name of your state?
New Jersey.
I am currently employed at a hospital that is unionized. They do however have their own "agency" that I was hired through at a higher wage then was allowed by the union. I am considered a full-time employee paid by the Hospitals agency and I recieve full benefits Paid days off, sick time vac & personal days as well as full medical & dental benefits under the same plan offered by the hospital to the union employees. I donot contribute at all to these benefits and have not for the past 3 years of employment. I recently went out on temp. disability for maternity leave and filled out disability and family leave papers for the 12 weeks I will be out. I was approved for the disability but I recieved a certified letter in the mail after being out 2 weeks already from the hospital's agency stating I need to pay them 450.00 for my benefits for the 12 weeks I will be out on family leave and if I donot go back in 12 weeks it will be 750.00. Send a check to the office. No other explanation was given no proof of amounts nothing except a demand for payment. Is this legal and what will happen if I can't get 450.00 together.
They knew over 3 months ago I would be out and the dates almost exactly to the day to go out and the day to return and never mentioned anything. Do they have to prove that this is a policy of theirs, can they cancel my insurance, are they required to help me make arrangements to pay if I can't afford it all at once. What are my rights?

Thank you

 

[Beth3]

No, your employer can't do this. The FMLA states that the employer must maintain group heath, dental, and vision insurance coverage under the same conditions that existed before the leave began. That means that the employer may require that you make your normal premium contributions (if any) but that's it.

If the $450 they're requesting is the normal contribution you would make towards your benefits over the course of those 12 weeks, then you will have to pay that if you want your benefits to remain in force but since you say you don't pay anything (quite a rarity these days) then it appears they're violating the law.

My suggestion is that you call your employer and (nicely) discuss this and ask what the payment is for. You may need to suggest they do some legal research on the FMLA as it prohibits the employer from requiring employees on FMLA leave to make any contribution other than what they would normally make if they were actively at work. If you can't get an answer or they're sticking to the payment demand in spite of what the law dictates, then contact the federal Department of Labor and file a complaint.