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Q: An employee has used all of her FMLA and has requested a leave of absence, which has been granted. According to policy, if on an unpaid leave of absence (all accrued vacation and sick time has been exhausted), the employee's medical benefits will be terminated and offered COBRA. Benefits are reinstated upon the employee's return to work. Employees are not allowed to reinstate their pre-tax deductions until open enrollment. Is leave of absence a qualifying event? Thank you
A: Yes, if that employee is losing their group health coverage, either voluntarily or involuntarily, they legally have to be offered an extension of their group health plan at their own expense.
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