Employer says I own them $2800+ for health insurance premiums

[debus]

I went on short term disability leave after having a baby on October 25, 2023. I was on STD until December 6, 2023 (6 weeks). I came back to work from December 6, 2023 - January 15, 2024 and then took FMLA for 12 weeks. My FMLA is almost exhausted and I’m set to go back to work on April 5, 2024. I got a call last week from HR saying when I come back, I owe them around $2800 for health insurance premiums they paid for me while I was out. I was expecting maybe around $1500, but definitely not $2800.

My monthly premium I pay is $350. They told me I owe them both the employee obligation and employer obligation from the time I was out on short term disability leave, then just the employee obligation from when I was out on FMLA (the FMLA part I’m absolutely fine with). I’m assuming they signed me up for COBRA during my short term disability leave, I can’t imagine another instance where I would owe both employer and employee obligations. I NEVER consented to COBRA. They also did not tell me ANYTHING about my health insurance or me owing once I got back, they didn’t communicate with me AT ALL until this recent phone call. HR lady stated she was “sorry she didn’t tell me sooner, she didn’t have a director (since our HR director quit during this time) and she forgot”. Also, I came back for a month (Dec 6, 2023 - Jan 15, 2023) and they still didn’t make me aware or try to deduct from my checks during that time. So after 5 months, I’m suddenly hit with this.

If I would have known I would have had to pay all this, I definitely wouldn’t have elected to keep coverage while I was out (as said before, I wasn’t even given the choice). The baby was/is on their father’s health insurance plan so there wouldn’t have been any issues. Not knowing I’d ever owe this amount, I continued to use that insurance to cover labor expenses, hospital stays, postpartum expenses, well child dr visits, etc.

If I were to bring up issues with this or “refuse” to pay, could they potentially go back and cancel my insurance from the date I left for short term disability, causing me to have to pay everything the insurance covered over the 6 weeks I was out? Was it COBRA they signed me up for without telling me? Is this normal? What if I refuse to pay (HR lady said the company could “come after me”). Any advice is appreciated!

 

[foreverthankful]

@debus Ask for a copy of the company policy on this. It should be in your handbook or benefits information if the company terminates benefits while an employee is out on non-fmla leave.

Most employers in my experience keep employees on benefits while out for maternity leave, even if they arent using fmla. They can terminate benefits though, if thats their policy.... but They should not have signed you up for COBRA without your consent.

If it's their policy to terminate coverage, they would have to offer cobra and you would need to sign up for COBRA... they shouldn't have automatically signed you up for cobra.

I definitely see how you would be upset if you didn't know this, and you're right to push back, but if the company policy is to terminate benefits and offer cobra and you refuse to pay since you didn't consent to this, they could terminate benefits back to when you were out and that could mean clawed back birth charges.

If they have no written policy of terminating coverage while out on non-fmla leave, go talk to a lawyer.

 

[jander8629]

@foreverthankful Well, if it is their policy determinate, it might be a violation of the FMLA.

 

[foreverthankful]

@jander8629 Op wasn't on fmla at that time. Just maternity. But yes, if op was on fmla, you can't term benefits.

 

[jander8629]

@foreverthankful I mean… I’m not sure what the requirements are to invoke it but if she qualified for that protected leave, even if it wasn’t officially noted, it’s obviously harder to prove, but they should’ve known when they approved her for the leave that it was federally protected… At least that’s how I see it.

 

[foreverthankful]

@jander8629 But she saved her fmla for after her maternity. And those 12 weeks were protected and she's only being charged the employee portion during fmla.

I agree it's a messed up situation. HR failed.

 

[tdubya21]

@debus What state are you in? What does your employee handbook say?

 

[independenteagle]

@debus What state are you in?

FMLA should have been designated on day one of the leave, running concurrently with the initial 6 weeks. Your benefits would have been protected and you would owe your portion only. Did you know any of this in advance? When FMLA was designated did they tell you how benefits costs would be handled?

And as @wealthyi said, only YOU can elect COBRA for yourself.

 

[republicofchrist]

@debus This is normal for companies to do. When you are in leave you pay the employee portion AND the company contribution in that case

 

[christianfatherofmany]

@debus You owe this amount and cannot refuse to pay it. You can ask if they will do a set amount of deductions from your check over a certain period of time, but they do not have to allow that.

 

[ccld]

@debus The us department of labor says employees only pay the employee portion of the costs.

https://www.dol.gov/agencies/whd/fact-sheets/28a-fmla-employee-protections

 

[trustinggod]

@ccld This is just for FMLA. OP took non-FMLA for 8 weeks so their employer can charge the full premium during that time.

 

[owain]

@debus This is very normal unfortunately to be responsible for the full policy payment during FMLA. I'm sorry no one made you aware beforehand.