July 29, 1993
Dr. Paul K. Browning
Superintendent
Greene County Public Schools
301 Kingold Boulevard
Snow Hill, North Carolina 28580
Re: Advisory opinion; Family and Medical Leave Act; Pub. L. 103-3 (1993)
Dear Dr. Browning:
On July 15, 1993, you wrote to ask whether the Family and Medical Leave Act of 1993, Pub. L.
No. 103-3, (FMLA) obligates local educational units to provide optional health care coverage to
an employee’s family during periods of leave.
The FMLA obligates covered employers to maintain pre-existing health coverage. Section
104(c)(1) of the FMLA provides:
Except as provided in paragraph (2), during any period that an eligible employee takes leave
under section 102, the employer shall maintain coverage under any "group health plan" (as
defined in section 5000(b)(1) of the Internal Revenue Code of 1986) for the duration of such
leave at the level and under the conditions coverage would have been provided if the employee
had continued in employment continuously for the duration of such leave.
Section 5000(b)(1) of the Internal Revenue Code of 1986 defines "group health plan" as
[A]ny plan of, or contributed to by, an employer (including a self-insured plan) to provide health
care (directly or otherwise) to the employer’s employees, former employees, or the families of
such employees or former employees.
In light of these provisions, it is our opinion that the FMLA obligates covered employers to
maintain pre-existing coverage, including coverage for the employee’s family, "at the level and
under the conditions coverage would have been provided if the employee had continued in
employment continuously for the duration of [authorized] leave." §104(c)(1). However, it is also
our opinion that the FMLA does not obligate the employer to pay any premiums or make any
contributions to a group health plan that it would not be obligated to make if the employee were
not on leave. For example, if the employer requires the employee to pay for health care coverage
for his or her spouse or family under the group health plan, then the employee would remain
responsible for those payments during the period of any authorized leave.
I hope I have answered your question. If any other issues or questions should arise regarding the
interpretation or application of the FMLA, please do not hesitate to write again.
Andrew A. Vanore, Jr.
Chief Deputy Attorney General