FMLA Benefits Continuation & Health Insurance During FMLA Leave 2

Question 1

Under what primary circumstance may an employer recover health insurance premiums it paid during an employee's FMLA leave?

Accepted Answer

When the employee fails to return to work after FMLA leave, unless failure is due to a continuing serious health condition or circumstances beyond the employee's control

Answer

Whenever the employee voluntarily resigns within 90 days of returning from leave

Answer

Any time the employee takes more than one FMLA leave in a 12-month period

Answer

When the employer determines the leave was taken for an ineligible reason

Question 2

When an employee is on unpaid FMLA leave, which of the following describes a permissible employer arrangement for collecting the employee's premium share?

Accepted Answer

The employer may require the employee to pay via prepayment before leave, pay-as-you-go during leave, or catch-up payment upon return

Answer

The employer must pay the full premium and seek reimbursement only after the employee returns

Answer

The employer may automatically enroll the employee in COBRA to handle premium collection

Answer

The employer may suspend coverage and reinstate it upon return to simplify administration

Question 3

If an employer recovers health insurance premiums after an employee fails to return from FMLA leave, which portion of premiums may the employer legally recover?

Accepted Answer

The employer's share of premiums paid on behalf of the employee during FMLA leave

Answer

The total insurance cost including both the employer and employee shares

Answer

Only the employee's share of premiums that went unpaid during leave

Answer

Six months of the combined premium regardless of actual leave duration

Question 4

An employee notifies their employer mid-leave that they do not intend to return to work. When may the employer begin seeking recovery of paid premiums?

Accepted Answer

Immediately upon written notification from the employee of intent not to return

Answer

Only after the originally scheduled FMLA leave end date has passed

Answer

After 30 days from the date of notification as a grace period

Answer

Only after a formal separation agreement has been signed by both parties

Question 5

If an employee's absence extends beyond the 12-week FMLA entitlement, what happens to the employer's group health insurance continuation obligation under FMLA?

Accepted Answer

FMLA benefit continuation requirements no longer apply once FMLA leave is exhausted; other laws such as COBRA or the ADA may govern

Answer

The employer must continue FMLA health coverage for up to 26 weeks for military caregiver leave situations

Answer

The employer must maintain coverage for an additional 12 weeks beyond the FMLA period

Answer

The employee automatically qualifies for a guaranteed-issue special enrollment period

Question 6

An employer designates an employee as a 'key employee' and intends to deny reinstatement. What is the employer's obligation regarding health benefits during the FMLA leave?

Accepted Answer

The employer must still maintain group health benefits during the FMLA leave period, even if reinstatement may ultimately be denied

Answer

The employer may suspend health benefits immediately upon providing the key employee notice

Answer

Key employee status eliminates all FMLA benefit continuation obligations

Answer

The key employee must elect COBRA from the very start of the leave period

Question 7

Which agency within the Department of Labor primarily enforces the health benefit continuation requirements under FMLA?

Accepted Answer

The Wage and Hour Division (WHD)

Answer

The Centers for Medicare & Medicaid Services (CMS)

Answer

The Employee Benefits Security Administration (EBSA)

Answer

The Equal Employment Opportunity Commission (EEOC)