Are employees still covered by the employer’s health plan if their worksite closes as a result of an influenza pandemic outbreak?

Answer:

Even if the employer's physical location closes, as long as the employer exists, continues to sponsor a plan covered by the  Employee Retirement Income Security Act (ERISA) (most plans of private sector employers are covered) and employs workers, employees who are covered under the health plan prior to the closure would generally remain covered under the employer’s existing health plan.  

Many plans require a contribution from the employee to help pay for health coverage.  Employees may need to make arrangements to make this payment if they are not in pay status for some reason.  Employees should contact the plan administrator if they have questions or need to make alternative arrangements.

Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Workplace Frequent Questions by Category:

• Human Resource Policies and Pandemic Planning

• Equal Employment Opportunity (EEO) and Privacy Issues

• Workplace Benefits

• Workplace Safety and Health Issues

• Unemployment Issues and Financial Assistance

• Private Sector Workplace Issues