Leave Not Subject to FMLA

[Guest dywoody]

Our Plan requires that anyone on leave not subject to FMLA for longer than 60 days loses their medical benefits and is offered COBRA. Our company requires that employees make contributions while on leave by personal check directly to the company.

My question: The employee doesn't make the contributions, he doesn't enroll in COBRA and then returns to active employment after 90 days. Can he re-enroll in the medical plan? He has been without coverage for over 63 days so is he now subject to our pre-existing considitons clause?

Thanks.

[Jacmo]

He would be treated as any other new hire.