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Military Duty, FMLA, and Benefits Virginia

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    Betty3
    Senior Member

  • Betty3
    replied
    I understand - whose doesn't on occasion. I just wanted to be sure we had correct info clarified.

    Leave a comment:


  • cbg
    replied
    Yes, that's what I meant. Sometimes my fingers get in a rut.

    Leave a comment:

  • Betty3
    Senior Member

  • Betty3
    replied
    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."

    Leave a comment:

  • ArmyRetCW3
    Senior Member

  • ArmyRetCW3
    replied
    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...

    Leave a comment:

  • lltuser
    Senior Member

  • lltuser
    replied
    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!
    lltuser
    Senior Member
    Last edited by lltuser; 06-05-2009, 03:11 PM.

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  • cbg
    replied
    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.

    Leave a comment:

  • lltuser
    Senior Member

  • lltuser
    replied
    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!

    Leave a comment:

  • The Masked Poster
    Senior Member

  • The Masked Poster
    replied
    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.

    Leave a comment:

  • Beth3
    Senior Member

  • Beth3
    replied
    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)?

    Leave a comment:

  • lltuser
    Senior Member

  • lltuser
    started a topic Military Duty, FMLA, and Benefits Virginia

    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!
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