FMLA Benefits Continuation & Health Insurance During FMLA Leave 2

Question 1

Under what primary circumstance may an employer recover health insurance premiums it paid during an employee's FMLA leave?

Accepted Answer

When the employee fails to return to work after FMLA leave, unless failure is due to a continuing serious health condition or circumstances beyond the employee's control

Answer

Employers may recover the premiums they paid during FMLA leave only when an employee fails to return, and only if that failure is not caused by a continuing serious health condition or a circumstance beyond the employee's control.

Question 2

When an employee is on unpaid FMLA leave, which of the following describes a permissible employer arrangement for collecting the employee's premium share?

Accepted Answer

The employer may require the employee to pay via prepayment before leave, pay-as-you-go during leave, or catch-up payment upon return

Answer

DOL regulations permit three acceptable methods for collecting employee premiums during unpaid FMLA leave: prepayment before leave begins, payment during leave, or catch-up upon return.

Question 3

If an employer recovers health insurance premiums after an employee fails to return from FMLA leave, which portion of premiums may the employer legally recover?

Accepted Answer

The employer's share of premiums paid on behalf of the employee during FMLA leave

Answer

The employer may only recover its own share of health insurance premiums paid during the FMLA leave period, not the total premium or the employee's contribution.

Question 4

An employee notifies their employer mid-leave that they do not intend to return to work. When may the employer begin seeking recovery of paid premiums?

Accepted Answer

Immediately upon written notification from the employee of intent not to return

Answer

Once an employee affirmatively states they will not return, the employer may treat the leave as ended and initiate premium recovery, subject to the exceptions for circumstances beyond the employee's control.

Question 5

If an employee's absence extends beyond the 12-week FMLA entitlement, what happens to the employer's group health insurance continuation obligation under FMLA?

Accepted Answer

FMLA benefit continuation requirements no longer apply once FMLA leave is exhausted; other laws such as COBRA or the ADA may govern

Answer

FMLA's benefit continuation obligation ends when FMLA leave is exhausted; the employer's obligations after that point are governed by other applicable laws such as COBRA, the ADA, or state laws.

(FMLA) Certified Family and Medical Leave Act Administrator Practice Test

(FMLA) Certified Family and Medical Leave Act Administrator Practice Test

FMLA Benefits Continuation & Health Insurance During FMLA Leave 2