Non-FMLA and COBRA

jmw5455

I recently heard that it is mandatory instead of optional for employees on a Non-FMLA leave of absence to be removed from active coverage and advised of their COBRA rights. Currently, our employees beginning a Non-FMLA LOA are kept on the plan and are required to pay 100% of the premium vs. their standard bi-weekly co-payment. Can anyone please clarify which is the correct procedure?

Betty I_O

Mandating COBRA for a non-FMLA absence is something I've not heard nor read about . . . Many states have adopted their own laws, sometimes known as "mini-COBRA." Could it be something in your State statutes, which can (in some instances)mandate other than the Federal rules? Check your State regulations.

From your posting, it appears that you already have a policy in effect, which is better than offering COBRA at 102% of the cost. In most cases, the "better" plan (yours)would prevail. Under our policies, we offer the first 13 weeks of leave (except Personal Leave, which is 100% of the cost from day one) at the weekly employee cost sharing rate for both medical and dental; at 13 weeks, COBRA is offered.

Pearce

Your health plan (self insured) or health policy (fully insured) will have specific language stating the eligibility of employees while on leaves of absence and the duration that they may be covered as active employees.