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Right to enroll if called to active duty prior to enrolling in health


Guest kredlin
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Guest kredlin

Does an employee have any right to enroll in a health/welfare plan if he/she is called up to active duty prior to enrolling in the plan? USERRA only seems to apply to individuals who are already enrolled in a plan.

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What do you do for other employees who are on a leave of absence when they're eligible for the plan? If they're allowed to enroll, then you must allow the employee on a military leave to enroll. USERRA says they need to be treated no less favorably as you would treat any other type of leave.

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Guest kredlin

What about the logistics of enrolling? What if he/she is in the Middle East and unavailable to enroll? Can a spouse enroll for them? Should the plan enroll them in default coverage?

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