• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Health Insurance while on Maternity Leave

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mendez_a

Junior Member
What is the name of your state (only U.S. law)? NJ

I was wondering if my company is required to continue paying for my health insurance while I am on short term disability and/or NJFLA for my pregnancy. Everyone I have spoke to says that their company paid their health insurance while out except for any cost that I would normally pay, however my company says they just have to continue it at my expense. Is this correct?

I found this online:
The Family and Medical Leave Act of 1993

MAINTENANCE OF HEALTH BENEFITS
A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave. In some instances, the employer may recover premiums it paid to maintain health coverage for an employee who fails to return to work from FMLA leave.
 


moburkes

Senior Member
What is the name of your state (only U.S. law)? NJ

I was wondering if my company is required to continue paying for my health insurance while I am on short term disability and/or NJFLA for my pregnancy. Everyone I have spoke to says that their company paid their health insurance while out except for any cost that I would normally pay, however my company says they just have to continue it at my expense. Is this correct?

I found this online:
The Family and Medical Leave Act of 1993

MAINTENANCE OF HEALTH BENEFITS
A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave. In some instances, the employer may recover premiums it paid to maintain health coverage for an employee who fails to return to work from FMLA leave.
They just have to be consistent. So if they don't pay for yours, they can't pay for anyone elses. But, no, the law doesn't require that they do pay.

And for those that do pay, if you decide not to return to your job afterwards, or if you only return for a short time, they can charge you back the premiums they did pay.
 

cbg

I'm a Northern Girl
If this is covered under the Federal FMLA, they have to pay the same amount as if you were working. If they pay 75% for the employees who are at work, they pay 75% for you (and yes, you have to pay the other 25%). If they pay 60% for employees who are working, they pay 60% for you. And so on.

I have no specific information about the NJ state version, and if neither Federal nor state version applies, then it's totally up to them.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top