Health FSA and Employees on Leaves of Absence

[Christine Roberts]

Must a flex plan allow an employee who is on a leave of absence to enroll in a health FSA, and must the plan pay benefits prior to receiving any contributions to the plan from the employee? The FMLA/125 rules require that someone on FMLA leave be allowed to continue participating if already enrolled, but do not, to my recollection, address the new enrollment issue.

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