Military Leave-Health Insurance

[Guest brp]

If an employee is out on military leave without pay and drops his/her health insurance, then when is he/she eligible to reinstate coverage upon returning to work? Do they have to wait until the plan's annual open enrollment period or can they sign up for coverage immediately upon returning?

[jsb]

As usual, I think the answer depends on the employer's military leave policies and health plan rules as expressed in the plan documents.

We would allow the employee to enroll in our plan upon return to active employment status (enroll within 30 days, coverage starts first of following month). If employee fails to enroll within first 30 days back to work, loss of the governmental coverage available while on active military service would trigger a qualifying event to allow the member to re-enroll in our plan. I think military coverage ends 60 days after active service ends. Have to watch the timing of the loss of military coverage or could experience a break in coverage.

[Sandra Pearce]

USERRA gives employees reinstatement rights which include benefits. You can research this further on the DOL web site. If the employee meets USERRA's requirements he is entitled, upon

reemployment, to reinstatement in your company's medical and dental plans, as are any previously covered dependents.