Q. Our company allowed an employee’s health insurance to lapse because he failed to pay his share of the premium while on FMLA leave. The employee is scheduled to return to work in two weeks. What is the company required to do about the employee’s health insurance coverage when he returns?
A. The new final FMLA rules make it clear that, under those circumstances, the employer is required to reinstate the employee’s health insurance when he returns to work. If the insurance is not reinstated (or done so timely), the employer can be held liable for the harm suffered by the employee as a result.
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