May the employee be required to pay for the continuation of their health coverage (medical, dental, vision, etc.) during an EPSLA or EFMLEA leave?
Yes, the employee can be required to pay for maintenance of their group health coverage on the same terms and in the same amount as they were required to pay before the commencement of such leave as long as the employee is not an assistance eligible individual with respect to the COBRA subsidy during the months in which the subsidy is in effect. See the alerts on the COBRA Subsidy enacted in the American Rescue Plan Act here. The standard FMLA rules regarding payment of premiums during an FMLA leave apply to such payment requirements as long as the individual is not an assistance eligible individual for purposes of the COBRA subsidy from April 1, 2021 through September 30, 2021. While the employee is on a paid leave, the payroll deductions to pay such premiums may continue from the pay during the leave. If an employee is on an unpaid leave, the FMLA rules as they existed before the enactment of the paid leaves continue to apply.
Last updated April 20
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