Boca Benefits Consulting Group Inc.

Injured or Ill Members of the Armed Forces

The Labor Department will release regulations November 14, 2008 which will let family members of seriously injured or ill members of the armed services take up to 26 weeks off from work each year to care for them.

The military caregiver provision gives family members up to 26 weeks off, longer than the normal maximum of 12 weeks under the Family and Medical Leave Act. The provision also allows additional family members, including siblings and cousins – not just spouses, parents or children – to take time off.

Relatives of National Guard or Reservists Called to Duty

The regulations also will allow family members of those called to active duty in the National Guard or the Reserves to take up to 12 weeks off so they can manage needed and often rushed matters regarding a service member’s departure or return.

Labor Department officials said the law creating the leave for such situations did not cover regular active-duty military members.  DOL indicates that the provision is to assist families of deploying Guard or Reservists where significant family adjustments must be made as a result.

Other Changes

• Allowing employers to require “fitness-for-duty” evaluations for workers who took leave time and are returning to jobs that could endanger themselves or others.
• Forcing workers to tell employers in advance when they want leave time. Current regulations allow employees to tell employers up to two days after not showing up for work that they are using leave time. Employees will now have to follow their employer’s regular rules for informing them about missing work “absent unusual circumstances.”

[For Florida Plans Only — New State Regulation — Some State Clarification Pending]

The below legislation is applicable to all insured medical plans and all self-insured plans not otherwise exempted under ERISA (i.e., governmental, church, etc.). It is not applicable to stand alone products such as dental or vision. As of this writing the major health carriers in Florida have requested further clarification and have indicated that the protocols established to implement it on its effective date may be subject to change.

Dependent coverage legislation (FL SB 2534) enacted by the State of Florida became effective on October 1, 2008.  In new plans starting on or after this date, eligible dependents will have the option to maintain dependent coverage up to the end of the calendar year in which the dependent reaches his or her 30th birthday. For existing plans, the option to offer coverage will occur on the next renewal date after October 1, 2008.  In addition, there is a special open enrollment period between October 1, 2008 and April 1, 2009 for dependents who aged out of their plans prior to October 1, 2008.

A dependent child between the ages of 26 and 30 may request to continue as a dependent on his or her parent’s coverage even after the child reaches the limiting age under the terms of the policy if he or she:

• Is not yet 30 years old
• Is unmarried
• Has no children
• Is a resident of Florida or, if not a Florida resident, is a full or part-time student at an accredited institution of higher education
• Is not eligible for Medicare and is not actually covered under another group or individual health plan.

The employee may make the request to continue the dependent child’s coverage:

• When he or she reaches the limiting age, or
• During the open enrollment period for the group of which the parent is a member on or after October 1, 2008

If you have not been contacted by your carrier rep or broker about this important change in policy wording, you should speak to them as soon as possible.