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Must an employer continue health care benefits for employees on military leave?

If the employee’s military leave is for 30 days or less, then an employer does need to continue health benefits as if the employee is actively working. If the employee’s military leave is for a period of 31 days or more, the employer is able to terminate benefits and offer COBRA-like benefits. The benefits cannot cost more than 102% of total premium cost per month, similar to other COBRA events, but USERRA requires that coverage be provided for up to 24 months.

USERRA final regulations begin discussion of health benefits at Section 1002.163.


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