when would benefits start

Irie

Here's the scenario: We just hired a lady who had been working as an agency temporary employee for us for over a year. This week she told me that she is going to need surgery and will be out of work for several weeks.

Since I have to count her time worked here as a temporary towards FMLA eligibility that isn't an issue. However, her medical/life/dental benefits are to begin 60 days after her date of hire--while she will be on FMLA.

Our policies all state that the employee must be actively at work on the day benefits start or they will not receive benefits until they return to active work. Since this person will be on FMLA and not working will that have any effect on when their benefits begin? I'm thinking they will have to wait until they return however, knowing how employee-friendly FMLA is I'm wondering if they are entitled to the benefits becuase their absence is FMLA protected.

Thanks.

jmcaa

Since their absence is FMLA qualified, you are to treat that employee as if they are working during this time. Therefore, I would say the benefits would start as scheduled.

Our health insurance's definition of "Actively at Work" includes "absent from work due to a health related disability, ..."

It also goes on to say under the heading "Family and Medical Leave Act of 1993" that "a subscriber who is taking a period of leave....shall not be considered ineligible due to the subscriber not being Actively at Work."


I suggest you check your Plan Book for your Health Plan.