May an employer enforce an actively at work or hour requirement on employees taking either an EPSLA or an EFMLEA leave in order to maintain coverage under the employer sponsored group health plan or group health insurance policy?
No, the employer must maintain the group health plan coverage for the employee on an EPSLA or EFMLEA leave in the same manner as such coverage was maintained prior to the commencement of the leave. For employers subject to the Employer Shared Responsibility Tax, the required maintenance of the offer of coverage for employees determined to be full-time by using a look-back/stability period method of determining such status, the requirements of such method must be considered as well in order to answer this question without resulting in a tax issue or penalty.
Last updated April 9
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