How can a company ask you to pay health benefits while not earning income out on short term disability?

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How can a company ask you to pay health benefits while not earning income out on short term disability?

I’m out from work for a non-work related injury and my employer is denying me FMLA but putting me on medical leave on short term disability, which requires me to pay for my medical insurance. However, I’m an hourly worker so since I’m not working, how would I afford this? The company is out of CA but our location is only 17 workers. They are telling me because we are less than 50 employees, I’m not eligible for FMLA which I understand would require them to cover my bi-weekly medical deduction. I need to know, is this legal?

Asked on February 23, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal. An employer is not required to pay the employee portion of medical coverage, even if the employee cannot afford it for some otherwise good and understandable reason, like being out on short-term disability.  If you want the coverage, you have to pay for it somehow. They are also right that if they have less than 50 employees, FMLA does not apply to them.


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