Must an employer keepan employeeon their insurance plan ifthe employeeis out on maternity leave?

UPDATED: Feb 11, 2011

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Must an employer keepan employeeon their insurance plan ifthe employeeis out on maternity leave?

Currently my employer pays for my health insurance. Once on maternity leave is my employer required by law to keep me on their insurance plan and pay for the premiums? The business is in CA and has 8 employees.

Asked on February 11, 2011 under Employment Labor Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am pretty sure that your employer can not cancel your insurance because you went out on maternity leave.  That would be a form of  discrimination.  I would put your mind at ease and contact you state department of Labor and your State department of Insurance on these matters.  Ask them the questions that are plaguing you and see what they say.  I am sure that you will find that you are not at risk just because of your status as a new Mother and you took the leave that you are permitted. If you have a person who does HR at your company speak with them as well. Good luck to you on all fronts. 

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