Can an employee be required to pay for health benefits while on FMLA leave?
No, an employee cannot be required to pay for health benefits while on Leave under the Family and Medical Leave Act (FMLA). FMLA Leave is a job-protected leave, meaning that an employee is entitled to the same or equivalent job upon their return from the Leave. This includes the same health care benefits offered to other employees of the same company. In California, employees are protected under the state’s own rules and regulations regarding the FMLA. California employees are eligible to take up to 12 weeks of leave in a 12-month period due to qualifying medical, family, or military reasons. These employees are also protected under the FMLA, meaning that their employer cannot require them to pay for certain health benefits during their leave. This includes insurance coverage, medical and dental benefits, and other health care costs. Additionally, the employer must maintain the employee’s health benefits during the Leave, meaning that they cannot terminate the employee’s coverage during the Leave or require them to pay for a portion of the premiums. The employee is entitled to the same benefits upon their return from Leave as they had prior to taking it.
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