Is an employee required to pay for health benefits while on FMLA leave?
No, employees in California are not required to pay for health benefits while on FMLA leave. This is because the Family and Medical Leave Act (FMLA) gives employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain medical and family reasons. This includes leave for the birth or adoption of a child, to care for a serious health condition of an employee or family member, for military caregiving or leave related to a qualifying exigency, and for other specified reasons. During the period of leave, employers are not allowed to require employees to pay for health benefits. However, employers may require employees to pay any premiums the employee normally pays, such as the employee’s portion of the health insurance premium, in order to keep their health coverage in force. It is important to note that while employees on FMLA leave are not required to pay for health benefits, employers may be required to pay for the employee’s health insurance premiums in some cases. For example, the California Family Rights Act (CFRA), which provides similar rights to those of the FMLA, requires employers to continue to pay the employee’s share of any group health plan premiums.
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