FMLA - Can Health Insurance Cease Prior to FMLA Ending

[Guest carenafranks]

I'm in Washington State.

Eligibility Requirements:

Our company policy states in order to be eligible for healthcare coverage, the employee must be compensated for 100 hours in the previous month's pay periods to be eligible for coverage in the following month. In other words, to be covered in December, the employee must have been compensated for 100 hours during the pay periods in November (time worked but paid in the following month do not count toward eligibility for the month).

Situation:

An employee goes out on FMLA and is covered under our health insurance. Regulations state that the employer must retain health insurance coverage on the "same terms" as if they were working.

Question:

Given the eligibility requirements above, it is possible that an employee on FMLA can lose its eligibility status for health insurance coverage. Since we are to administer FMLA health coverage under the "same terms" as active employees, does that mean we can end an employee's coverage who is on FMLA if they do not meet the eligibility requirements?

This is very confusing.

Thank you.