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Military Duty, FMLA, and Benefits Virginia

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  • Military Duty, FMLA, and Benefits Virginia

    Hi!

    If the employee who is called for active military duty wishes to continue benefits, how would FMLA be applied?

    How about in terms of benefits during FMLA vs. military benefits?

    Thanks!

  • #2
    I'm confused. An employee who is on military leave from the employer can't take FMLA from work. He (or she) isn't AT work.

    Or are you talking about COBRA (group health continuation)?

    Comment


    • #3
      FMLA has nothing to do with continued pay or benefits which the ee must pay for. All FMLA does is provide than an ee may take leave from work under certain conditions and the er cannot punish the ee for taking that leave. Recent changes in FMLA do provide that a person in the military about to be deployed (or their immediate family members) can take more than the traditional 12 weeks of protected leave, but again this has nothing per se to do with benefits. For example, if while an ee is working the ee pays X% for health insurance and the er pays Y%, the ee would need to continue to pay X% for health insurance, even if no longer drawing a paycheck due to not working.
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      • #4
        Hi!

        Thanks for the responses. So to be sure I'm clear...

        An employee can request for FMLA leave due to a qualifying military exigency for a military member’s active duty or call to active duty.

        That said, I understand that an employee who takes FMLA may continue benefits through COBRA (and partially depending on the employer's policy).

        However, if an employee is called for active duty under FMLA, what’s the coordination / process / option between benefits continuation under COBRA vs. getting military benefits?

        Hope this makes sense.

        Thanks!

        Comment


        • #5
          An employee on FMLA for any reason does not go on COBRA, but continues his or her benefits in exactly the same way that they would have if the employee were working. For example, if an active employee pays 25% of his health insurance premium, then an employee on FMLA pays 25% of his premium. If an active employee has coverage that is entirely employer paid, than an employee on FMLA has their coverage entirely employer paid.

          ONLY when the FMLA expires, if the employee is unable or unwilling to return to work, does COBRA kick in.

          Edited to correct stupid error in typing the wrong acronym.
          Last edited by cbg; 06-06-2009, 05:06 PM.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Hi, cbg!

            Your clarification about FMLA and COBRA helped.

            So...how does military benefits come into play for an employee who's been call for active duty and taking FMLA for it? Can the employee have both employer-provided benefits and military benefits? One instead of the other? If so, is it by choice or by some other criteria? . . . As this part is still not clear, I'd really appreciate your help on this.

            Thanks!
            Last edited by lltuser; 06-05-2009, 03:11 PM.

            Comment


            • #7
              I am not well verse on COBRA issues. But I do know something about military issues. When on active duty, the military member receives free medical care for him and his family member, during the military duty. I do not see why the military member may wish to pay for COBRA when the military is providing the same benifits at no charge or minimal charge thru the TriCare military health insurance, of about $435 a yr for a family plan. The little that I knoe about COBRA is that it is very expensive vs free for same or better service in the military...
              ========================================

              "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

              Comment


              • #8
                Originally posted by cbg View Post
                An employee on FMLA for any reason does not go on COBRA, but continues his or her benefits in exactly the same way that they would have if the employee were working. For example, if an active employee pays 25% of his health insurance premium, then an employee on COBRA pays 25% of his premium. If an active employee has coverage that is entirely employer paid, than an employee on FMLA has their coverage entirely employer paid.

                ONLY when the FMLA expires, if the employee is unable or unwilling to return to work, does COBRA kick in.
                cbg, just to clarify (unless I'm confused), did you mean FMLA (not COBRA) when you said "For example, if an active employee pays 25% of his health insurance premium, then an employee on COBRA pays 25% of his premium."
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                • #9
                  Yes, that's what I meant. Sometimes my fingers get in a rut.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    I understand - whose doesn't on occasion. I just wanted to be sure we had correct info clarified.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment

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