The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA.

Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.

The City obligation to continue health benefits under FMLA ceases if the employee does not return to work and the 12 week entitlement is exhausted. This occasion creates the qualifying event enabling the employee to elect to continue 18 months of the health benefits by paying their own insurance premiums, a right created by federal COBRA legislation. See your Personnel Officer if you need to use this entitlement.

If you are an "eligible" employee, you are entitled to 12 weeks of leave for certain family and medical reasons during a 12-month period.

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.

Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies.

A. You will receive pay only if you have paid leave (sick, vacation)* available to use. In fact, it is College policy that you must use your leave accruals before you go on leave without pay during your FMLA leave. In order of priority this would include sick leave and vacation. You are not required to use compensatory leave before going on leave without pay.

There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events: Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA.

Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures must be described in the Summary Plan Description. You should submit a claim for benefits in accordance with the plan's rules for filing claims. If the claim is denied, you must be given notice of the denial in writing generally within 90 days after the claim is filed.

If you are an "eligible" employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.

Materials should be sent to you after you leave the university. Please contact Benefits at 386-822-7058.

The accrual of sick and vacation days will continue while you are on the paid portion of your leave of absence. All other benefits will remain intact during your paid leave. Your health and dental insurance premiums will continue to be deducted from your paycheck.

A. The College's contribution for your medical benefits (as stated contractually or by policy) continues during your leave even if you are on leave without pay. We will let you know in writing when your regular benefits end and when you become eligible for benefits under FMLA. When you are on unpaid leave, you will be required to pay the portion of the medical premium that is normally deducted from your paycheck.

A. No. However, you must provide enough information about the reason for your absence so your supervisor realizes that your time off may qualify as FMLA leave. The Leave Request Form includes FMLA qualifying reasons and definitions.

Yes. FMLA permits you to take leave to receive "continuing treatment by a health care provider," which can include recurring absences for therapy treatments such as those ordered by a doctor for physical therapy after a hospital stay or for treatment of severe arthritis.

The FMLA requires that employees be restored to the same or an equivalent position. If an employee was eligible for a bonus before taking FMLA leave, the employee would be eligible for the bonus upon returning to work. The FMLA leave may not be counted against the employee. For example, if an employer offers a perfect attendance bonus, and the employee has not missed any time prior to taking FMLA leave, the employee would still be eligible for the bonus upon returning from FMLA leave.

Qualified beneficiaries must be offered coverage identical to that available to similarly situated beneficiaries who are not receiving COBRA coverage under the plan (generally, the same coverage that the qualified beneficiary had immediately before qualifying for continuation coverage). A change in the benefits under the plan for the active employees will also apply to qualified beneficiaries.

Yes. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted in the 12 weeks of leave so long as the employer properly notifies the employee in writing of the designation. In most situations, the employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as FMLA leave.

Yes. Under HIPAA any period of time that you are receiving COBRA continuation coverage is counted as previous health coverage as long as the coverage occurred without a break in coverage of 63 days or more. For example, if you were covered continuously for 5 months by a previous health plan and then received 7 months of COBRA continuation coverage, you would be entitled to receive credit for 12 months of coverage by your new group health plan. Not if you enroll when you are first eligible.

The Family Medical Leave Act (FMLA) provides that you may receive damages equal to any wages, salary, employment benefits or other compensation denied or lost by reason of the violation. If the violation is proven to be willful then a court may double the amount of wages, salary or benefit or other compensation lost. You may also be entitled to reasonable attorney’s fees and expenses associated with the litigation of the matter.

Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), Tricare will provide a divorced civilian spouse with 36 months of health insurance. This type of program is called the Continued Health Care Benefit Program. Unfortunately, the COBRA program is very expensive, and it is cost prohibitive for many military families. However, if the civilian spouse has a preexisting medical condition, it could be worthwhile. A former military spouse has to be very prompt to apply for COBRA.

COBRA is an acronym for “Consolidated Omnibus Budget Reconciliation Act of 1985.” COBRA requires employers to offer continuation of group health and/or dental benefits for a specified time to individuals who would otherwise lose coverage due to certain qualifying events.

employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. The term "parent" does not include a parent "in-law".

Absence of four days or more plus medical treatment two or more times (also includes one treatment and continuing medical supervision)

A. You accrue seniority while you are on paid FMLA leave. You do not accrue any seniority while on unpaid FMLA leave.

A. If the need for your leave is foreseeable, you must provide advance written notice to your supervisor using the Leave Request Form available in the Office of Human Resources (HR) or at their website: http://hr.cocc.edu under forms. Also, please contact Human Resources immediately at 383-7216 for an appointment to discuss your rights and responsibilities.