The Family and Medical Leave Act (FMLA), 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 Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) coverage and FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee notifies an employer of his or her intent not to return to work.

Further information on FMLA is available from the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor, Employment Standards Administration.

An individual who is covered under another group health plan or who is entitled to Medicare may elect and retain COBRA continuation coverage for the maximum period of coverage if the other group health plan coverage or Medicare entitlement begins on or before the date on which the individual elects COBRA continuation coverage.

Also, if other group health plan coverage begins after the date on which the individual elects COBRA continuation coverage, the individual is entitled to retain COBRA coverage for the maximum period if under the other group health plan coverage the individual is subject to any exclusion or limitation with respect to any pre-existing condition.

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Page Last Modified: 04/18/2008 4:21:43 PM
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