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Q: I've been off work sick since 01/26/09. I didn't qualify for FMLA until 02/13/09. My employer is forcing me to pay two weeks of COBRA.
A: FMLA requires that an employer maintain coverage under any group plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. For you, FMLA kicked in mid-February and allows you to continue the group coverage from then on under FMLA provisions. However, because there was a lapse of two-weeks between your full-time status and FMLA, for you a qualifying event occurred for COBRA - a reduction in the covered employee’s hours of employment. Thus, the employer can offer continuing COBRA coverage for the two weeks, which does require you pay the premiums should you want the continual coverage.
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