Benefits while on non-FMLA leave

My question involves situations when employees do not qualify for FMLA leave because they have not worked at the employer long enough. Some employers provide NON-FMLA leave for a medical condition. The confusion seems to be over how to handle the costs of those benefits that the employers usually pays 100 percent, like life insuarnce, or vision or dental insurance. Have any of you found any legal support for the employer billing that cost to an employee who is out on NON-FMLA leave? I have been unable to find anything that clearlt prohibits it.


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  • If the employee is not eligible for FMLA, you have no obligation to continue benefits. However, I am unaware of any law that would prohibit you from continuing them if you chose to (as long as your plan allows non-working employees to access that benefit). I think you could set up whatever non-discriminatory procedure you wanted to have the employee pay his/her share. For those benefits that fall under COBRA, you would have the employee follow your regular COBRA process.
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