USERRA Intermittent leave
A reservist has been repeatedly called up for 3- and 4-day/week assignments. He has ceased to satisfy the "regularly works 30 hours/week" requirement for maintaining health plan coverage, i.e., has become a part-time employee. Must we treat each weekly notice as a new period of service and restart the 30-day clock for retaining the eligible employee premium sharing rate? Can we unilaterally classify this pattern of military service as a continuous period of part-time military service and then convert from the active employee rate to the 102% COBRA rate after the employee has lost the active employee coverage and received 30 days of coverage at the active employee rate?