Q. Our company offers a health insurance opt-out incentive, paying employees $400 a month if they use their spouses’ insurance plans. We now have an employee going out on
A. Yes, the company will have to keep paying the $400 incentive if: (1) the employee continues to opt out of the insurance plan; and (2) your company continues to pay the $400 per month incentive to employees who take non-FMLA leaves of absence.
The FMLA requires employers to treat employees in a fair and consistent manner, regardless of the need for . Unless this employee has now enrolled in the company insurance plan, she is entitled to the same $400 opt-out benefit—and any other —provided by employer-established policies during her period of FMLA leave.
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