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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4531
Experience:  Exclusively practice labor and employment law.
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Can an employer with less than 50 employees require its

Customer Question

Can an employer with less than 50 employees require its employee to pay for health insurance while the employee is on leave for medical reasons when the employer is the one that pays for the health coverage with no employee contributions?
Submitted: 8 months ago.
Category: Employment Law
Expert:  John replied 8 months ago.

I was about to answer that this was legal, because of course FMLA does not apply to employers with less than 50 employees, until I read the "what have you tried so far" portion of your response wherein you state that employer originally granted you this time off under FMLA, but is now trying to rescind that and demand payback of insurance it would be liable for under FMLA. You could file a charge with the Department of Labor for this. The regulations clearly state where an employee is harmed by an employer's mismanagement of FMLA designation there is a hampering of FMLA rights and the employer can be on the hook for the economic damages suffered by the employee - in your case being insurance premiums that you wouldn't have incurred had they done it properly in the first place.

Expert:  John replied 8 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.