[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR825.211]

[Page 816-817]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents
 
 Subpart B_What Leave Is an Employee Entitled to Take Under the Family 
                         and Medical Leave Act?
 
Sec. 825.211  What special health benefits maintenance rules apply to 
multi-employer health plans?

    (a) 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.
    (b) 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 been continuously employed, unless the plan contains an 
explicit FMLA provision for maintaining coverage such as through pooled 
contributions by all employers party to the plan.
    (c) 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 which were applicable 
to the employee at the time FMLA leave commenced.
    (d) An employee using FMLA leave cannot be required to use 
``banked'' hours or pay a greater premium than the employee would have 
been required to pay if the employee had been continuously employed.
    (e) As provided in Sec. 825.209(f) of this part, group health plan 
coverage must be maintained for an employee on FMLA leave until:
    (1) the employee's FMLA leave entitlement is exhausted;
    (2) the employer can show that the employee would have been laid off 
and the employment relationship terminated; or,

[[Page 817]]

    (3) the employee provides unequivocal notice of intent not to return 
to work.