COVID-19 & Your Business: Frequent Questions

When does an employer’s obligation to maintain group health plan coverage for an employee on an EPSLA or EFMLEA leave end?

Except as required by the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) or a state continuation of health plan coverage law, an Employer’s obligation to maintain health benefits while an Employee is taking Paid Sick Leave or Expanded Family and Medical Leave ceases under this section if and when the employment relationship would have terminated if the Employee had not taken Paid Sick Leave or Expanded Family and Medical Leave (e.g., if the Employee fails to return from leave, or if the entitlement to leave ceases because an Employer closes its business).  However, if the employment relationship ends with an employee, an employer subject to federal COBRA or a state continuation coverage requirement will still need to comply with such requirements at such time.

Last updated April 9

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