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elaws - employment laws assistance for workers and small businesses - Fair Labor Standards Act Advisor

When does an employee have to receive health insurance?

The Fair Labor Standards Act (FLSA) has no stipulations for health insurance or other insurance benefits. However, the Family and Medical Leave Act (FMLA), also enforced by the Wage and Hour Division, does have provisions concerning health insurance when an employee is on qualifying family and medical leave.

The Employee Benefits Security Administration (EBSA) can offer general guidance related to insurance benefits.