An employee must be eligible for benefit coverage, and enrolled in the benefit plan to be entitled to the continuation of the benefit coverage under the FMLA.
Paid Time Away From Work and Unpaid Leave of Absence
During the portion of an employee’s FMLA qualifying absence covered by paid time, the University and the employee will continue to pay their portion of the cost to maintain the employee’s benefit coverage.
During the portion of an employee’s FMLA qualifying absence covered by an unpaid leave of absence, the University remains responsible for its portion of the cost, and the employee is responsible for his or her portion of the cost.
A personalized FMLA Benefits Election Form is sent to an employee on an unpaid leave of absence that coincides with the employee’s FMLA coverage. The FMLA Benefits Election Form is completed by the employee to indicate the benefit coverage the employee will continue, and contains information regarding the amount of the monthly payment for the benefit continuation.
An employee can decline the benefit continuation provided by the FMLA during an unpaid leave of absence. That option is made available on the employee’s personalized FMLA Benefits Election Form. The return to work provisions of the FMLA remain in effect when an employee declines the benefit coverage provided by the FMLA.
Benefit Cost Recovery
The University may recover its share of the cost to maintain an employee’s health, dental and vision benefit coverage during an unpaid leave of absence if the employee does not return to work for a reason other than his or her own serious health condition, the serious health condition of the family member being cared for under the FMLA, the serious injury or illness of the covered servicemember being cared for under the FMLA, or for reasons beyond the employee’s control.
An employee who has returned to work for thirty calendar days is considered to have returned to work for purposes of this section.
The cost to the University to maintain an employee’s benefit coverage under the FMLA incurred during paid time is not subject to reimbursement.