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


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Guest kredlin
Posted

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.

Posted

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.

Guest kredlin
Posted

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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