Health Insurance During Family and Medical Leave in California

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Health Insurance During Family and Medical Leave in California

Updated October 25, 2011
1 minute read

Californians do not have to let an employer cut their health insurance short during their time on family or medical leave. The California Family Rights Act (CFRA) says employers have to keep their workers covered.

No one loses their health coveage when they are in poor health condition or their family needs care.

Coverage That Lasts

The California Family Rights Act helps Californians keep their health coverage during the time they can not count on their regular work to earn income to pay for health costs. Employers support their workers by paying for the insurance that pays for the health costs. Any employer that is willing to let the coverage stop for a time can not make the choice to drop coverage. The CFRA does not allow it. A Californian can count on non-stop coverage.

Group Health Coverage

Employers have to keep their workers that take California or FMLA leave covered by a group health plan. They pay for the leave time coverage for as many of the 12 weeks of leave guaranteed by CFRA or FMLA a worker takes in 12 months. Coverage starts when the leave starts. And it continues until the worker returns to work.

Workers are guaranteed the same coverage they would have if they were working.

An employer can choose to keep the worker covered for longer than the 12 weeks.

Californians do not have to repay their company for the coverage. Unless they fail to live up to their side of the bargain and return to work when leave ends and they are healthy. Then, their employer can ask for payment of the premium paid to keep the worker covered during leave. But if the worker still is in a serious health conditon, or it came back or a new one developed, they will not have to pay their employer.

Employee Health Plan

When there is no group health plan that covers a worker and they need health coverage during a break in work, they can ask for an employee health plan. Workers have a right to choose the plan coverage. The employer has to offer an employee plan for any period there is no group health coverage. Workers on leave can ask for a plan the employer uses to cover any worker that takes any other unpaid leave. If none of the employer's workers could take any unpaid leave and ask for an employee health plan, the employer can make the worker pay for the employee plan coverage they ask to use during periods they can not use vacation leave or time off the employer has agreed to, paid or unpaid.

Secure Health

Always staying one of the workers with health coverage gives a Californian an opportunity to live through their leave without any worries about health costs. They can stay well and pay the doctor bills.

Source:

California Family Rights Act, in the Fair Employment and Housing Act (1993).