Can an employee be required to pay for health benefits while on FMLA leave?

No, federal law does not allow an employer to require an employee to pay for health benefits while on Family and Medical Leave Act (FMLA) leave in Texas. According to the United States Department of Labor, an employer must continue to provide health benefits for an employee on leave just as if the employee had not taken leave. In other words, the employee’s health benefit contribution and coverage level must remain the same as it was before the employee took FMLA leave. One other important thing to note is that the employee does not have to pay any health benefit premiums if he or she is on unpaid FMLA leave. The employer may, however, require the employee to submit documentation that the employee has resumed work in order for the employer to reinstate the employee’s health benefits. Employees may also choose to maintain health benefits while on FMLA leave by paying their portion of the premiums required. Overall, FMLA leave requires employers in Texas to keep health benefits in place for employees on leave. Employees cannot be required to pay for their health benefits, but they may choose to pay in order to maintain their coverage.

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Can an employee be required to pay for health benefits while on FMLA leave?

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