Md. Code Regs. 11.02.13.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.02.13.04 - Continuation of Health Care Benefits

A. During the period of FMLA leave, the employee shall be entitled to continuation of health benefits coverage, and shall be entitled to any added coverage or changes in health care benefits that are made available to other employees.

B. During periods in which the employee is receiving pay, the employee's share of health insurance premiums shall continue to be deducted from the employee's pay.

C. During periods of unpaid FMLA leave, the Department shall pay both the employer and employee portions of health insurance premiums.

D. Within six pay periods of the employee's return to work, the employee shall reimburse the Department for the employee's portion paid by the Department while on unpaid leave. Repayment shall be by payroll deduction unless the employee elects to make repayment by lump sum.

E. If the employee does not return to work, the employee shall repay both the employee's and the Department's portion of any health insurance premiums paid by the Department during periods of unpaid FMLA leave. The employee may elect to repay the Department either by a lump sum or by a mutually agreeable payment plan.

F. Employee Not Returning to Work Due to Serious Health Condition.

(1) The Department may not require the employee to repay health insurance premiums paid by the Department if the employee does not return to work due to a serious health condition that would entitle the employee to FMLA leave or because of other circumstances beyond the employee's control.

(2) If an employee does not return to work due to a serious health condition of the employee or a family member, the Department may require medical certification of the serious health condition.

(3) If the certification specified in §E(1) of this regulation is not provided within 30 days, the employee may be required to repay the Department all costs of health insurance payments made during unpaid FMLA leave.

Md. Code Regs. 11.02.13.04