Groups That Are Subject To This Act
If your group has employed 50 or more employees for each working day during each
of 20 or more calendar work weeks in the current or preceding calendar year, this
act applies to your group.
If your group is subject to this act, you must grant an employee up to 12 weeks
unpaid leave for the following reasons:
To be eligible for FMLA benefits, an employee must:
If an employee takes family leave under this act, the employer must keep paying
the employee's health care coverage during the leave, just as if the employee were
We suggest that the employer make sure that the employee's portion of the premium,
if any, is paid during the leave, so that the employee's coverage continues unabated
during the leave, even if the employee fails to pay his or her portion of the premium.
Keeping the employee's coverage in place and paying for it during the leave of absence
will keep the employer in compliance with the requirement that the coverage resume
unchanged when the employee returns from the leave. If the employee’s coverage were
to lapse during the leave, he or she would have to reapply for coverage, subject to
the group's probationary period.
In other words, if coverage lapses for non-payment during the leave, the coverage
would not resume as it was before. The employer would, therefore, have to bear the
cost of coverage condition or find alternative coverage for
If the employee does not return to work at the end of the family leave period, the
employer may recover the unpaid premium, unless the employee is not returning to
work due to serious illness or other circumstance beyond the employee's control.
For Additional Information: Contact the nearest office of the U.S. Department of
Labor, Wage and Hour Division
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