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Does FMLA Require Employer to Maintain HSA?

Published May 16, 2023

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Short answer: Employers are not obligated to maintain an employee's HSA contributions during FMLA leave, even though group health benefits continue.

FMLA leave and group health benefits

Once an employee goes on Family and Medical Leave Act (FMLA) leave, many questions arise regarding their health savings account (HSA) and whether the employer is required to maintain it during the leave period.

Under the FMLA, which provides employees with up to 12 weeks of unpaid, job-protected leave, the employee is entitled to continue their group health benefits during the leave.

Employer HSA contribution requirements and steps

However, when it comes to the HSA, the situation can be a bit more complex.

Employers are not obligated to maintain an employee's HSA contributions while they are on FMLA leave. This means that during unpaid FMLA leave, the employee may need to make arrangements to continue contributing to their HSA in order to maintain it.

It's essential for employees to communicate with their HR department or benefits administrator to understand the specific policies and procedures related to HSA contributions during FMLA leave.

When an employee takes FMLA leave, understanding the status of their health savings account (HSA) is critical. While FMLA ensures that group health benefits continue, employers are not required to keep HSA contributions active during this time.

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