2014年 7月 10日 - Non classé

According to the DOL, this means that all benefits, including

Group health benefits

Department of Labor cheap moncler sale found that a school employer was required to maintain a group dental plan during FMLA leave. It also found that, where a school moncler outlet employee takes FMLA leave at the end of the academic year, the employer was required to maintain group dental benefits during the Summer. In so finding, the DOL made it clear that a “group health plan” was not limited to mean a “major medical plan.”

moncler outlet store The school district employer moncler sale outlet (the District) offers a group health insurance plan that provides medical care coverage for instructional employees cheap moncler coats and separately offers a group dental insurance plan for these employees. The District pays 100% of he dental insurance premiums up to a maximum amount per month for 12 months, although the teacher work year begins in August and ends in June. The District employs an administrator who assists employees with disputed claims. The District may grant exceptions for a claim that is denied by the plan administrator. cheap moncler jackets The plan is self insured. The District negotiates a contract with another organization to serve as the plan’s third party administrator. Plan premiums moncler outlet sale are negotiated based, in part. on a review of past claims. moncler outlet store

cheap moncler coats The teacher’s Union argued that moncler mens jackets the dental plan is also a group health plan that must be maintained during FMLA leave. The District maintains that the dental plan is not a group health plan under the FMLA. The District argues moncler outlet store that the dental plan is not a part of, or a supplement to, its “group health plan,” but rather, is a separate group dental program. Therefore, the District does not maintain the dental insurance coverage for employees during FMLA leave or during summer break if FMLA leave is taken near the end of the school year. cheap moncler coats

cheap moncler The FMLA incorporates the definition of a “group health plan” from section 5000(b)(1) of the Internal Revenue Code. The definition states: cheap moncler

moncler jackets outlet The term “group health plan” mans a plan (including a self insured plan) of, or contributed to by, an employer (including a self employed person) or employee organization to provide health care (directly or otherwise) to employees, former employees, the employer, or others associated or formerly associated with the employer in a business relationship, or their families. moncler jackets outlet

moncler jacket sale The DOL found that the District’s dental plan comes within the broad definition monlcer down jackets of a “group health plan.'” The plan pays percentages for the cheap moncler outlet treatment cost for dental care for employees, including diagnostic and preventive oral services, basic dental services, endodontics, periodontics, oral surgery, major restorative surgery, prosthetic repairs and adjustments, and orthodontics. The DOL also noted that the summary plan description describes the plan as a group benefit plan. moncler jacket sale

moncler sale outlet The DOL also found that the dental plan did not did not fall within the exclusions to health plan coverage. As set forth in the DOL regulations at 29 CFR 825.800 and 825.209(a), health coverage under which employees purchased individual policies are excluded from the FMLA definition of a “group health plan” if: moncler sale outlet

moncler outlet jackets the employer makes not contribution to the plan; moncler outlet jackets

cheap moncler jackets sale participation in the program by the employee is voluntary; cheap moncler jackets sale

the sole functions of the employer with regard to the program are, without endorsing the program, to permit the insurer to publicize the program to employees, to collect premiums paid by the employee through payroll deductions and to remit moncler outlet premiums to the buy moncler jackets insurer;

cheap moncler outlet the employer receives no consideration in cash or otherwise in connection with the program, other than reasonable compensation for administrative services; and cheap moncler outlet

moncler outlet uk the premium charged to the employee does not increase in the event the employment relationship ends. moncler outlet uk

cheap moncler jackets Here, employee do not purchase cheap moncler individual policies, the District contributes 100% of the plan premiums. The involvement of the District in the administration of the plan, including the retention of a plan administrator and negotiation of premiums, the DOL found, went well beyond what is permitted to meet the exclusion. cheap moncler jackets

moncler sale The group dental plan is a “group health plan” within the meaning of the FMLA. As such, the District must conform with the FMLA requirements governing group health plans. The District must maintain the same group dental benefits during FMLA leave as if the employee were continuously employed during the period of FMLA leave. moncler sale

moncler outlet sale The DOL also found that, pursuant to 29 CFR 825.601(a), the District was required to provide instructional employees who are on FMLA leave at the end of the school year with any benefits over the summer vacation that employees would normally receive if they had been working at the end of the school year. According to the DOL, this means that all benefits, including group dental benefits, must be provided to those instructional employees on FMLA moncler sale qualifying leave at the end of a school year. moncler outlet sale

moncler outlet Comment: An FMLA covered “group health plan” is not limited to “major medical plans.” Any health plan that meets the incorporated Internal Revenue Code definition of a “group health plan,” even if separate from an employer’s general group health plan, will be considered as an FMLA covered “group health plan.” As such, employers will have to abide by the FMLA rules governing the maintenance and restoration of group health plan benefits during and at the conclusion of FMLA leave. moncler outlet

moncler factory outlet Disclosure of FMLA Medical Information to Supervisors, Human Resource Professionals, and Union Representative Did Not Violate FMLA Confidentialy monclerdownjacket Provisions moncler factory outlet.

Updated, 2014年 7月 10日

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