"AskTony" column archive

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Health benefits during maternity leave

originally posted: 11/22/2006 reposted: 2/18/2011 This post has not been recently reviewed or revised by the author and may be out of date. If you notice an error or are in doubt, please send a new question by email or ask for an update. Email asktony@tonynovak.com.

Q: I am taking three months off from my job for maternity leave. My employer says they will not pay for my health insurance while I am out. Is this legal?

A: Yes, this is the norm. You are protected by the Family and Medical Leave Act if you work for a company with at least 50 employees. This means that you can be assured of a job when you are ready to return to work but there is no requirement that an employer pay for health insurance either while you are working or while you are on leave. Health insurance is a voluntary benefit. You are eligible for COBRA benefits, but you must pay the cost of the insurance yourself.

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