Military Leave and Health Insurance

HR in NY

I know I've seen this question before, but I couldn't find it so bare with me. We have a reservist who was just called into active duty for who knows how long. What are the guidelines concerning his health insurance? Our employees pay 25% of the monthly premium. Do we put him on COBRA and make him pay the premium? Or, does he just pay his portion for the duration? If he's gone less than 30 days its not an issue, but what if he is gone longer than that. We are located in New York State. As always thanks for your help.

Leslie

He goes on COBRA and pays the premium, but he really shouldn't do that. The military insurance for himself and his family has no premium.

We're giving them 12 weeks, like an FMLA, before we cancel their insurance and offer COBRA. Want to make sure there's no hitch in between our coverage and the military plan. His family can cancel at any time they get things settled because with us he needs to pay a premium.

He and his family are immediately eligible when he returns.

ladyzuesse

[font size="1" color="#FF0000"]LAST EDITED ON 03-05-03 AT 07:37AM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 03-05-03 AT 07:35 AM (CST)[/font]

At least a few years ago, when a reservist went on Active Duty the minute the dependants received their ID cards they could get medical treatment through Champus. AD are covered immediately, no questions asked. Things have changed slightly with the DOD medical programs, but one military resource I can think of that would have your answers as to a time frame for overlap is the local recruiting office. Ask for the senior ranking member of the team - it's usually an E7 or above with tons of experience with the military minutae.

I think your only real concern would be in getting your insurance restarted once he/she returned. The DOD does a decent job of taking care of their members (most of the time)

Tammy
former Marine and HR Queen ;;)

Don D

Lady: Do the family members receive cards as soon as the guard member is activated or is there an application process and waiting period? Is the process seamless for them? They should just present their new military card when they go somewhere for service? Are there deductibles? Thanks.

ladyzuesse

Dependants usually receive ID cards as soon as admin processes the paperwork and they can get themselves to the appropriate place for the ID to be produced. I know that it took a few days when I went from Active Duty to dependant status. But I was covered under a "paper" ID in the meantime - a copy of my husband's orders and my marriage and drivers licenses.

Sorry for the delay - I was out of the office for a long weekend.

Tammy

ladyzuesse

...Is the process seamless for them?

usually, but that really depends on the admin clerk and their level of training. #-o

...They should just present their new military card when they go somewhere for service?

Yes, the ID card is universal access to base, commissary, PX, medical and all base activities and you'd be amazed at the discounts and preferential treatment you can getin the civilian world... free drinks, food, special vehicle purchase deals, dry cleaning...

...Are there deductibles?

this part has changed over the years. The last time I was in the system there was no charge incurred if the dependants used preselected facilities or base medical - but I remembering hearing some grumblings about adding co-pays and deductibles and the like. I would recommend [link:www.tricare.osd.mil/reserve/|Tricare Website] and [link:www.reservewives.com|Reserve Resources Site] for more information.

Tammy

Thanks.

WT

Individuals leaving for military duty must have insurance for 30 days. After this, Tricare kicks in for such personnel and their dependents. Thus you need to maintain insurance for 30 days. Individuals leaving for military leave should technically not be put on COBRA as this is not a COBRA event. The rules covering persons going into the military or reserves called up mirror COBRA in that the employer must offer, but need not pay for coverage. However, COBRA does not apply. USERRA would be what you would want to research. Some individuals are not happy with Tricare due to lack of providers. Many questions on this can be answered on the web page [url]http://www.tricare.osd.mil/[/url]
Providers for the northeast region would be listed at [url]http://www.wierramilitary.com/provsearch/[/url] You should also be aware that if you offer health care coverage to your employee, Tricare will only pay on a secondary basis. Your coverage must pay first. Other questions can be answered through the USERRA advisor [url]www.dol.gov.elaws[/url].

Hope this helps.

ladyzuesse

[font size="1" color="#FF0000"]LAST EDITED ON 03-10-03 AT 05:42PM (CST)[/font][p]Hey - thanks... saved me some additional typing. Should have read the entire thread... that ONE ADDITIONAL POST... ;;)

Tammy

Pork

Glad I entered the net this morning for here is a post which is dear to my heart as a US Army retiree. I HIGHLY RECOMMEND THAT ALL EMPLOYERS CONCERNED READING THIS POST, THAT YOU GO TO THE WEB PAGE, PRINT YOU OFF A COPY OF THE ENTIRE LAW: [url]WWW.DOL.GOV/VETS[/url], there you will find Title 38, United States Code U.S. DEPT. OF LABOR, Capter 43 of Public Law 103-353, October 13,1994. Section 4317. Health Plans. Unfortunately, some of the above postings issue some different guidance than is found in this DOL address of USERRA.

"The employer will offer COBRA": "...and such person is absent from such position of employment by reason of service in the uniformed services, the plan SHALL provide that the person may ELECT to continue such coverage as provided in this subsection. The maximum period of coverage of a person and the person's dependents under such an election shall be the lesser of-- (A) the 18 month period beginning on the date on which the person's absence begins; or (B) the day after the date on which the person fails to apply for or return to a position of employment, as determined under section 4312(e)". THIS SECTION WILL TELL YOUR UP-TO 5 YEARS AND LONGER, IF THERE IS A MEDICAL DISABILITY FOR RECOVERY.

The USERRA has our company involved with a departed civilian/soldier who literally "volunteer quit" and after he realized what he had done, he came back after the Bosnia deployment and wanted all the backpay and benefits that he had left on the table. He "volunteer Quit" and was paid out as requested before I the Director of Human Resources became involved. I made out the termination document on the day I found out he was gone; I made a note on the form in the remarks section that stated "this may be military leave related". Sure enough it was but the employee failed to return to our employment in accordance with the law. It did not matter, we rehired him after we were notified by him that he would like to return to our employment, over 141 days late. The Federal govs were initially putting the pressure on us and we refused, knowing what he was upto and knowing the law we were right. He now has an attorney who wants his fee plus much more for representing this employee. Fed Gov got out of the way and his attorney is probably developing his case and learning about USERRA.

Needless to say HRs on this net should get and learn because I'm sure all will be effected. We presently have 4 civilian/soldiers on active duty. Thank goodness this one has not been recalled. I would hate to have this old case sittting on top of a second case. But I bet he want do it the worng way and I certainly want let it happen. All managers and Department heads are keenly aware to send the civilian/soldier to me for the out briefing and the paperwork.

Sorry to be so long but this one is not as easy as it sounds on the above postings. Been there, done that and it ain't pretty, when THE COMPANY OR CILIAN/SOLDIER does it wrong! Pork

Leslie

I think many of us are in the middle of one hell of a learning curve, having mostly just dealt with the occasional weekend warrior.

As I said in a different post our policy allows for 120 hours of reimbursable leave for the short term soldier. We're developing this to be non-reimbursable for the long term soldier (more than 30 consecutive days) and paying out at a rate of 10 hours per week, depending on wage, so that all the employee's premiums are met - medical, life, extended life, dependent life, pension loan repayments, etc. - for the initial 12-week FMLA-like military leave. At any time that the employee requests, that can all stop, and the rest of the military time available would be paid to the employee at a rate of no more than 40 hours per week.

As our policy allows for this 120 to be paid per calendar year, I don't know what I will do if an employee is in the service over two calendar years. As the long term will be non-reimbursable I think the initial 120 will be sufficient and the rest of our responsibility will be when the employee returns from service.

Any one else out there writing policy on this one? I've read USERRA, and that will be extremely helpful when they return, but doesn't tell you much about how to send them off other than the 30-day benefit requirement. I'm doing my best to be as helpful to the deployed as possible.

Pork

Leslie, As recommended in my previous post the DOL document helps you to learn about benefits, etc. We will for 5 years pay out for instance Holiday pay, sick pay, time in service for 401K "vested interest". I have dealt with our Accounting Department Head and the General manager about these payouts; We have previously paid out to our soldier/citizen employee based on a written request from the soldier/sailor/airman/marine/coast guardsman the vacation, holidays, and sick time awarded on the pay week in which the letter of request was received. Now, we may want to wait until they return; our litigant employee has made us alittle concerned about the cost of this USERRA to the employer. This could be a life changing event for the soldier and there is no guarntee that he/she will return, if we pay out early, have we given good financial resources away during the 1-to-5 year period of active duty. One of the soldiers is a unit manager and his salary was always paid out for vacation and he will go over 10 years this year meaning he gets 3 weeks of vacation every year on his anniversary date, about $2400.00 every year for 5 years, that is A $12,000.00 hit to the company in one month, and it can't be budgetted. We are going to accure the money in a special holding account and pay it out when he returns. And that is just one benefit. BOTTOM LINE GET THE DOL READING ON USERRA!