Maintenance of Benefits -
Under Multi-Employer Health Plans
A multi-employer health plan is a plan to which more than one employer is required to contribute, and which is maintained pursuant to one or more collective bargaining agreements between employee organization(s) and the employers. An employer under a multi-employer plan must continue to make contributions on behalf of an employee using FMLA leave as though the employee had not taken leave (unless the plan contains an explicit FMLA provision for maintaining coverage, such as through pooled contributions by all employers party to the plan).
During the duration of an employee's FMLA leave, coverage by the group health plan,
and benefits provided pursuant to the plan, must be maintained at the level of coverage
and benefits applicable to the employee at the time the leave began. An employee using
FMLA leave cannot be required to pay a greater premium than if he or she had not taken leave.
Group health plan coverage must be maintained for an employee on FMLA leave until:
Continue to Employer Recovery of Benefit Costs or Return to Employee Rights and Responsibilities Menu.
For more information on this aspect of the FMLA, see the FMLA regulations: § 825.211
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