Can my employer charge me COBRA rates for health insurance just because I won’t be recieiving a paycheck through the summer?

I am a teacher and have been out on maternity leave. I then had to stay out with my husband’s serious health conditin. I have applied for FMLA. I want them to pay out my contract in one lump sum. The school systerm says that if I don’t receive a check each month then I must pay the COBRA rates.

Asked on May 26, 2009 under Employment Labor Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a union and are covered by a collective bargaining agreement, go to the union to find out the terms and conditions under which you can maintain COBRA.

There are monthly payments that have to be made to the insurance company for COBRA for coverage. Typically the former employee pays them directly to the insurer. If the employer would deduct them from any money coming to you, but there is no monthly stream of income coming to you, then the employer would expect you to make the payment. That's not unreasonable.

 


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