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FMLA and Health Insurance

942831942831 10 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
If a husband and wife are both employed by the same agency, the health insurance is in the husband's name and his FMLA/paid leave time has expired, can we require the wife to pick up the payment of the health insurance premium?

Thanks for your input.
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  • jujujuju 120 Posts
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    Did I see this post before? Feeling a bit of deja vu... But who knows, it's been one of those days...

    In this case, you can't force someone to take up insurance deductions. Under a section 125 plan, going on a LOA can be a family status change event, but the husband didn't drop coverage when he went out. Therefore, maybe he should be paying his portion directly to the company. If the husband is terminated from employment because he cannot return to work or if you routinely terminate coverage after FMLA runs out, then his wife could choose to pick up coverage (family status change would be spouse losing coverage).
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