Are employees entitled to nonhealth benefits while taking FMLA leave?
A 7: FMLA does not require an employer to maintain an employee s non-health benefits (e.g., life insurance) during FMLA leave. An employee s entitlement to benefits other than group health benefits under a cafeteria plan during a period of FMLA leave is to be determined by the employer s established policy for providing such benefits when the employee is on non- FMLA leave (paid or unpaid). See 29 CFR 825.209(h). Therefore, an employee who takes FMLA leave is entitled to revoke an election of non-health benefits under a cafeteria plan to the same extent as employees taking non- FMLA leave are permitted to revoke elections of non-health benefits under a cafeteria plan. For example, election changes are permitted due to changes of status or upon enrollment for a new plan year. See ยง 1.125 4. However, FMLA provides that, in certain cases, an employer may continue an employee s non-health benefits under the employer s cafeteria plan while the employee is on FMLA leave in order to ensure th
