<img height="1" width="1" src="https://www.facebook.com/tr?id=765055043683327&amp;ev=PageView &amp;noscript=1">
New call-to-action

Leaves of Absence - Do Employers Need to Provide Health Insurance During These Times?

Jeff Griffin

Employees who take qualifying leaves of absence are provided multiple protections by way of the Family and Medical Leave Act (FMLA), the Uniformed Services Employment and Reemployment Act (USERRA), and many state laws.

The most well-known protection is the guarantee of the same or an equivalent job when employees return to work, but there are also other protections. For example, many of these laws stipulate employers’ obligations regarding health insurance during employees’ qualifying leaves of absence.

The following is a breakdown of FMLA, USERRA, and some general state laws with regards to employer-provided health insurance coverage.

FMLA and Health Insurance

In order to meet the requirements for an FMLA-qualifying leave of absence, employees must meet four criteria:

  • Have completed 12 months of work for the employer (not necessarily consecutively)
  • Have completed 1,250 hours of work in those 12 months
  • Work at a location where there are at least 50 employees present or within 75 miles
  • Have a qualifying event

There are many qualifying events, ranging from the birth or adoption of a child, to serious health conditions, to providing for family members who have serious health conditions. Having a family member called to active military duty also qualifies (and extends FMLA benefits from 12 to 26 weeks).

Read More
Topics: Compliance, Qualifying Life Events, FMLA, USERRA

Related posts

Government Shutdown Raises Employee Benefit Questions For Private Sector Employers Too

Jeff Griffin

Staff of private sector employers – those who have immediate family members affected by the government shutdown - are asking employee benefit questions of their employers which are entirely new to them.

Chief among them is the question of if the government furlough is considered a Qualifying Life Event (QLE) for any affected government employee. A QLE would allow the impacted individual to move over to their family’s private sector, or unaffected public sector health plan if the worker is otherwise eligible. This event would also trigger a Special Enrollment Opportunity.

According to benefits compliance experts ThinkHR, employees who choose to quit their jobs during this tumultuous period do, in fact, create a QLE. This would simply be considered a “change in employment status”, which includes:

  • Quitting a job or being laid off
  • Being hired (keeping in mind waiting periods, if applicable)
  • Gaining or losing benefits by moving from part-time to full time employment status (or vice versa)

What’s less clear is if a furloughed employee who doesn’t intend to quit their job can jump to their family member’s health coverage, either permanently, or for a shorter period of time.

Read More
Topics: Spousal Coverage, Dependent Coverage, Qualifying Life Events, Special Enrollment Periods, Special Enrollment Opportunity

Related posts

There are no related posts

Instant Blog Alerts

Straight to Your Inbox

Most Read

Posts by Topic

Expand all
Free_White_Paper_Employee_Benefits_Branding
Free_White_Paper_Private_Exchange_Employee_Benefits
Free_White_Paper_Employee_Benefits_Branding
Free_White_Paper_Employee_Benefits_Hospitality
Free_White_Paper_Improving_Employee_Benefits_Communications
Free_White_Paper_Employee_Benefits_Construction
Free_White_Paper_Employee_Benefits_Branding