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  1. #1
    Join Date
    Jan 2008
    Posts
    23

    Question Cancellation Of Benefits While On FMLA

    My sister from Michigan has been on unpaid FMLA for 5 weeks due to having a baby, the baby was born with a heart condition that will require it to have open heart surgury at about 3-4 month of age (or sooner if needed for congestive heart failure) On monday of this week she recieved a letter from her employer that by friday her medical insurance will be cancelled unless she pays the whole amount of the coverage. (only giving her 3 bussiness day to comply, since tuesday is a legal holiday) Can this company cancel her insurance well she is on FMLA. This is the only insurance for her and the baby. Im not really sure of the companys actual size, but I know it has more then 75 and she has been employed with them for several years.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,015

    Default Re: Cancalation Of Benefits On FMLA

    I assume that this is really FMLA and not just unpaid leave that is being called FMLA as sort of a blanket word?

    When she went out on leave, what were the arrangements she made with them for paying her portion of the premiums? Even on FMLA, she is still responsible for that. Was she to make payments monthly, pay it in advance, have payroll deductions when she returned?

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Cancalation Of Benefits On FMLA

    If this is FMLA, employees may keep their health benefits while on FMLA leave and employers must continue to pay whatever premiums the employer would pay if the employee were not on leave.

    What portion of the premium was the employee paying & what portion was the employer paying before she went out on FMLA leave? Thanks.
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