Wage and Hour Division (WHD)
December 6, 1993
This is in response to your inquiry regarding certain provisions of the Family and Medical Leave Act of 1993 (FMLA). Name* plan allows employees who are covered by medical insurance from another source to receive a weekly cash supplement in lieu of insurance. You ask if the company must continue the cash supplement during a period of leave.
Pursuant to the statute and the regulations an employer is required only to maintain a group health insurance benefit during a period of FMLA leave. Consequently, there is no requirement to continue any cash supplement paid in lieu of health insurance.
Hopefully this has been responsive to your inquiry.
J. DEAN SPEER
Director, Division of Policy and Analysis
* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).