FMLA and health insurance benefits

942831 · August 2003

If both a husband and wife work for the same company,and the husband who is on FMLA carries the health insurance, can the wife be required to assume payment of the health insurance premium in order to continue coverage? Thank you.

LindaS · August 2003

I'm assuming you are talking about payroll deductions and I would NEVER deduct something from an employee's paycheck (except the mandatory withholdings) WITHOUT written authorization from the employee. I don't think this is something I would do even IF I had the okay of the EE because it can create more problems, especially if you have a section 125 plan. Best bet is to talk to the EE and find out how they want to pay their premiums. Remember that the EE can elect NOT to pay their premiums until AFTER they return from FMLA (or until their FMLA runs out, whichever comes first) and you still have to maintain their coverage.

POPEYE · August 2003

LindaS is correct but I would add this thought. You should have a written policy stating how premiums will be paid when an EE is on leave. You then would need to follow the same policy with FMLA. We stipulate that it is the responsibility of the EE to make payments and if a payment is over 30 days past due they run the risk of cancellation of insurance.

HR in Okla · August 2003

We also have several husband/wife employees. I always treat them as if they were two single employees and would never take from one's paycheck to cover an obligation on the other's. We won't even give one's paycheck to the other without a written authorization.

Let the two of them work out how they want to pay for the insurance. Just follow your policy as if this were an employee with a spouse who was not your employee.

FMLA and health insurance benefits

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