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Question

My husband and I own a small business. We have 2 part time employees (2 hours a day) and one full time employee as well as my 22 year old daughter that works for us. We offer our full time employee health benefits. She is 5 months pregnant and has been having a difficult pregnancy so she moved to part time but we continued to pay her health care. She has now started pre mature labor and must be on full bed rest. She will not be returning and does not know if she will return after the baby. How long am I required to pay her health care. I don't mind paying up until she has the baby but then I don't know what my legal obligation is. I want to be fair to her yet I don't want to be taken advantage of either. What is my obligation.

Submitted: 423 days and 7 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Rolling Hills Estates, California

Already Tried:
Asking you is the first. We had suggested to her about a week ago that we needed her to work at least 35 hours a week or if she needed more time off then we would have to discuss her paying for a portion of her health care. We would be fair. She chose to come back to work full time and then now she can't work at all.

Accepted Answer

Since you do not qualify as an employer to be required to give her FMLA you have no requirement to pay her health insurance if she is not working. So you can stop now or agree to continue until the day the baby is born and then stop, but legaly you are not required to to pay her health care.

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Expert: Shelley
Pos. Feedback: 98.6 %
Accepts: 
Answered: 9/25/2008

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Unemployment Compensation Attorney

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