What regulation requires the continuation of LTD benefits when out on FMLA?
JBest
7 Posts
What regulation requires the continuation of LTD benefits when out on FMLA? Usually, LTD is suspended when called to active duty. I'm assuming LTD premiums should be continued if an ee is out on FMLA since they their status doesn't change unless possibly in the event they are out of FMLA and sick leave. Please provide insight to this issue.
Comments
Section 104(c)(1) states, "....during any period that an eligible ee takes leave under section 102, the employer shall maintain coverage under any "group health plan" (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986) for the duration of such leave at the level and under the conditions coverage would have....." So there's the answer; whatever section 5000(b)(1) says about an LTD policy, if anything.
An individual called into active military duty would not be utilizing your LTD policy anyway. If he had a need for that, his military policy would provide the coverage. That can be found within the USERRA regulations or you could also request a written opinion from the company administering your LTD policy. They are right on top of this, for sure, with so many people being called up in the past 2 years.