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Family and Medical Leave Act (FMLA) -- Frequently Asked Questions

What's The Relationship Between The FMLA And The Continuation Of Health Coverage Under COBRA?

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The FMLA requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working.

  • Coverage provided under the FMLA is not COBRA coverage.
  • FMLA leave is not a qualifying event under COBRA.

However, a COBRA qualifying event may occur so COBRA applies when an employer's obligation to maintain health insurance benefits under FMLA stops. For example, when an employee notifies an employer of his or her intent not to return to work.

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