When an employee is on an extended leave of absence, there is often confusion regarding whether and to what extent the employer must continue to provide coverage to the employee under the employer-provided health plan. To determine whether coverage is required, the employer should consider the terms of the plan, COBRA requirements, and whether the
FMLA
Employers Beware: SC Abolishes Common-Law Marriage
On July 24, 2019, South Carolina joined the ranks of Alabama, Pennsylvania, and others in abolishing future recognition of common law marriages in the state. The state will continue to recognize all common law marriages in effect before this date, but they will be subject to a higher standard of proof. On and after July…
Getting Ready for 2015: How Government Contractors, Health Care Reform, and the Family Medical Leave Act Intersect
It’s summer now, mid-year 2014. Open enrollment for the 2015 health plan year is just around the corner. . .
We want to make sure that all employers are ready. We want to ensure, as well, that government contractors specifically understand the intersection of the Service Contract Act (SCA) with other federal laws.
To be…
Continuing Health Coverage During Leaves of Absence, A Trap for the Unwary
It’s fairly common for employers to continue benefits for employees out on leaves of absence. But what happens after protected leaves such as FMLA and USERRA end, or if the leave is not protected by law, and coverage continues? This post discusses a recent case where the carrier was able to back out of coverage because the plan terms simply did not support coverage during the leave, creating significant exposure for the employer.
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