During FMLA leave an employee is required to continue paying the employee's share of any group health benefit plan premiums (co-payments) which the employee was paying before leave began.

The employer must provide the employee with written guidance regarding the making of the co-payments, either pursuant to the employer’s existing policies or after reaching a voluntary agreement with the employee prior to the taking of leave. The employee is required to make the co-payments in accordance with the employer's written notification to the employee.

If the employee fails to make the co-payments during periods of unpaid FMLA leave, the employer may make the payments on the employee's behalf and recover the employee's share of the premiums from the employee's wages when the employee returns to work. Alternatively, if the employee's co-payment is more than 30 days late, the employer, with 15 days advance written notice to the employee, may drop the employee from coverage of the group health benefit plan. For more detailed information, see Regulations 29 CFR Part 825.212.

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