[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.211]



[Page 769-770]

 

                             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 770]]



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

to work.