Health/Welfare coverage for military

[Guest Jean K]

If a full time employee is called up for active military service is he still covered under the employer's health/welfare plan? For how long? Is the employers still responsible for dependents? Also, if the employee and employer are cost sharing and the employee is no longer drawing pay from the employer (he is in receipt of active military pay)does that change the cost or the coverage for either the employee or employer?

[This message has been edited by Jean K (edited 06-28-99).]

[Guest nac]

We require draftees, nat'l guard and reservists to provide a copy of their orders to verify service.

We place employees on military leave for the duration of their service obligation. First 6 months, we make up the difference between regular pay and military pay, and continue all health and welfare benefits for employee and dependent(s) at the subsidized cost. After the initial 6 months, employee is placed on an indefinite unpaid leave and COBRA'd off. Vacation doesn't accumulate during this time.

They're entitled to return to the company within 90 days of discharge from duty at same salary and similar position. All time-related benefits (vacation, sick, pension) do not reflect any break in service.

Hope this is helpful.

[Guest RDC]

We have recently revisited our military leave policy. Below is some information we found useful:

The Uniformed Services Employment and Reemployment Rights Act (USERRA)governs employees' rights to continued benefits during miiltary leave, retirement benefits missed on account of military leave, and seniority during military leave.

Employees absent on account of military leave must be allowed to elect to continue health plan coverage for up to 18 months. The continuation applies to both employees and dependents (even dependents covered by CHAMPUS).

Employees on military leave can be required to pay up to 102% of the full cost of health coverage (determined in the same way as a COBRA premium), unless the military service is for 30 days or less. In that case, they can be required to pay only the regular employee share of the cost. If an employee chooses not to continue coverage, it generally must be reinstated on re-employment, with no waiting period or pre-existing condition clause.

For most other group benefits - primarily those not based on seniority, such as most life and disability benefits - employees are entitled to the same continuation rights generally provided to employees on non-military leave of absence. Employees on military leave can be required to pay the employee cost of coverage if similarly situated employees on non-military leave are required to do so. Credit must also be granted for seniority-based benefits, such as sick leave and vacation.

Obviously, employers may be more liberal in their benefits.