We have a flex plan where the ER contributes to each eligible employee $150 per month to select any flex plan benefits, along with EE contributions. A participant is going on maternity leave in April, will be gone approx 6 weeks. The plan document does address the timing of the $150 contrib to be contributed monthly, but does not address this, or any, leave. The firm is not subject to FMLA. There is no EE handbook or policy. The ERwants to know if they are required to contribute their contribution in the EE's absence. I know what the "right" thing to do is, but what is required?

With so little apparently documented, there is no real way to say what is required. I would use the opportunity to set a precedent, and stick to it going forward. In the meantime, better documentation should be prepared and distributed to employees.