Legal Forum
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
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Posted: 2002-12-17 10:17
Need some advise on this one. I have an employee who will be going out on FMLA soon and currently contributes to her health insurance policy. I recently attended a COBRA seminar where it was discussed that if your health plan document states an employee must work a set amount of hours in order to be covered then you must offer the employee COBRA if they were covered and then have an event that causes them not to work the required amount of time.
However, FMLA is not a COBRA qualifying event and you must treat the employee as if they are still working.
So would COBRA have to be offered if the employee does not work what the plan document requires or does FMLA override the plan document?
nork3
Joined: Feb 12, 2002 Posts: 3876
Posted: 2002-12-17 12:12
FMLA provides the more generous benefit and hence applies. You won't get into trouble under COBRA by continuing the benefit during a leave of absence, but you will get into trouble under FMLA by implementing COBRA coverage for an employee receiving your health insurance.
Another way of looking at it.....your summary plan description is not a law.
ForumHosts Legal Forum Host
Joined: Jul 09, 2002 Posts: 825
Posted: 2002-12-24 05:26
Without seeing the language from your health plan document that is causing the confusion, this seems straightforward. An employee on FMLA leave is deemed to be working for most purposes (with a notable exception being that the employee need not be paid during the FMLA leave). Thus, the employee's health insurance coverage should not lapse, and COBRA should not come into play.
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Posted: 2002-12-17 10:17 
