Legal Question in Medical Leave in California

Health Insurance while on baby bonding leave

I took FMLA/PDL and Baby Bonding leave. My employer informed me five months into my leave that they will only cover 12 weeks of their portion of health insurace. They are now telling me that I am responsible for the entire Health Insurance premiums begining in October through the end of my leave in December. Can my employer do this without sending me COBRA information and giving me a chance to opt for Cobra or not? I.E. DO I HAVE A CHOICE?

Asked on 11/16/07, 10:50 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Health Insurance while on baby bonding leave

You don't need to argue the laws to find a useful answer; your monthly cost of COBRA coverage if you were to convert to it would be the amount the company paid for the coverage. That's no doubt what they're asking you to pay now. The difference would be what you paid out of your paycheck as your monthly share of the premium. Thus, the total monthly premium cost to you should be about the same either way. Go talk to your HR and get the actual figures before deciding what makes sense for you.

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Answered on 11/19/07, 6:21 pm

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