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FMLA and status changes


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Perhaps I am not looking in the correct area for this information, but I have been unable to determine if the following would allow an employee to change elections.

I have an employee who is out on a FMLA leave, she has exhausted her FMLA and has been offered COBRA 1/31/03.

She is going to resume coverage under her spouses plan so she does not have to elect COBRA, but wishes to remain on his plan after she returns to work. FMLA requires an employer to reinstate an employee to coverage provided prior to the leave, but she no longer wants the coverage.

What is the Qualifying Event? Can she change elections mid-year based on the expiration of FMLA?

Thanks!

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