FMLA-6 — Disability Insurance

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

October 1, 1993 FMLA-6

Dear
Name*,

This is in reply to your letter regarding your employee disability benefit plan and compliance with the
Family and Medical Leave Act of 1993 (FMLA).

Disability insurance is not part of the health benefits which must be maintained for an "eligible employee"
while on FMLA leave. However, as noted in section 825.213(f) of Regulations, 29 CFR Part 825,
employers may choose to maintain other employee benefits, such as disability insurance, by continuing to
pay premiums during FMLA leave, in order to avoid a lapse in coverage and ensure that the employer
can meet its responsibilities under FMLA to provide equivalent benefits upon return of an employee from
leave. Under the circumstances set forth in paragraphs (a) through (e) of this section, an employer is
entitled to recover any premiums paid on the employee's behalf to maintain such benefits during FMLA
leave.

An insurance company is under no legal obligation to modify their policies to comply with FMLA. The
employer is legally responsible to maintain health insurance and restore all benefits to employees upon
their return from leave.

If you have any further questions, please feel free to contact me at (202) 219-8412.

Sincerely,

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).
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