Who pays my insurance premiums while I’m on maternity leave?

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Who pays my insurance premiums while I’m on maternity leave?

I am currently on maternity leave. I recently received a bill from my employer for my insurance premiums. This was never discussed prior to my leave. Am I responsible for this or are they?

Asked on February 21, 2011 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the Family and Medical Leave Act, the federal law guaranteeing the right (assuming you assert it; see below) to up to 12 weeks of family, medical, or maternity leave, the employer must continue employees' health insurance under the same terms and conditions as if you were working. That  means that you would still have to pay whatever monthly premium you had been, but you would not have to pay more.

If you did not take FMLA leave--and note; not all companies are covered (e.g. must be 50 or mor; e employees), and uncovered companies do not have to comply with FMLA requirements; also employees must meet some requirements, like lenght of service, to qualify--but are instead relying on whatever leave policy your employer has or  whatever agreement you made with them, you have to abide by its terms. For example: if you company is not covered by FMLA, they don't have to offer maternity leave at all, and if they do, could make you pay more for insurance.


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