I'm in the state of California and have been out on a FMLA leave. When I came back, my employer started to take deductions from my check for the employee share of the health insurance costs that was owed while I was out. So each pay check I have paid the current premium price ($100) and they are taking out another $100 each check for the past owed amount for benefits. Can they do that without my permission?
2 Answers from Attorneys
Yes, if you agreed to pay a portion of your health insurance costs and did not pay it while out on FMLA, of course they can deduct it. In fact, they could have cancelled your insurance for failure to pay.
If you owed the premium money, sure.