As many employers discovered during the COVID pandemic, one of the most complex components of leave can be whether an employee’s health insurance is continued throughout the leave or, according to the health insurance contract, it ends if an employee does not meet certain minimum weekly hours worked. Issues of this type can occur during any extended leave, including accommodations under the ADA/ADAAA, during layoffs, or for personal leaves.
As a way to address concerns regarding coverage, insurance carriers may suggest putting specific time limitations on any leave that will be extended after FMLA is exhausted. Due to the requirement of the FMLA, insurance companies frequently extend eligibility for a 12-week period even though the employee is not working the required minimum weekly amount to qualify under insurance. The issue becomes complicated when FMLA no longer applies.
When no FMLA or other state-mandated leave, such as pregnancy leave under Iowa Code 216, is involved, insurance companies do not have the same limitations in terms of disqualification from insurance. Extended leave outside of the parameters of any kind of legally mandated leave can result in the employee being disqualified from coverage under the insurance policy - which is not a surprise that you or an employee wants. As noted, many insurance companies may suggest mandated minimums for leaves, but this may not typically be allowable under the ADA/ADAAA or PWFA as all extended leave...
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