health benefits during fmla leave

[sbirdsong]

Is it legal for my company to charge me for my medical premiums during fmla leave? I have received a letter from them stating that I am to send them a check for the portion of the benefits I was paying, as well as the portion that they were paying (they paid for MY HMO benefits, but premiums for my spouse and children was deducted from my paycheck). The way that I am translating the fmla is that they are wrong and can't charge me that money, but am I interpreting the law correctly? I would like to make sure that I am right before I write them back and tell them to kiss off. Thanks.

 

[lawguy]

sorry; you have to pay your share.

here's the regulation:
"Group health plan benefits must be maintained on the same basis as coverage would have been provided if the employee had been continuously employed during the FMLA leave period. Therefore, any share of group health plan premiums which had been paid by the employee prior to FMLA leave must continue to be paid by the employee during the FMLA leave period."

that's 29 CFR 825.210. you might want to read the regulations at http://www.access.gpo.gov/nara/cfr/waisidx_98/29cfr825_98.html

 

[lawguy]

of course, the company must keep paying any share that they paid while you were actively working, so they must continue to pay for your benefits....