FMLA and Insurance

Our employees must work 87 hours in a month to be eligible for health insurance the following month. The Company pays 100% of the employee's coverage. We are aware of the fact that it is our responsibility to pay for this coverage if the employee is on FMLA.

Scenario: Employee works 50 hours during the first 10 days of the month. Takes 10 days off under FMLA (no personal time or vacation available) for a verified and unquestioned serious health issue. Employee returns to work full time with no restrictiions, but only works 30 hours during the last 10 days of the month. Employee is working on the last day of the month. Total hours worked for the month are 80, which is 7 hours short of eligibility requirements for coverage the following month.

Our question is; do the hours the employee was on FMLA count towards the total hours worked in the month. Our insurnace provider does not have a problem with those hours being counted. Is the company required (under FMLA) to pay the employees protion of his health insurance if he otherwise qualifies but for the lack of hours due to FMLA.

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