I Have an Employee on Military Leave Who Let His Medical Insurance Lapse. He is Now Returning to Employment and Wants to Elect Coverage – Can He?

Generally, yes. It is very common for employees to cease contributing to an employer’s group medical leave plan when they are performing military services for more than 30 days, because the government will provide them with medical insurance while they’re on duty.  Federal military leave laws (USERRA) allow employees returning from military leave, even when they have cancelled group medical coverage previously, the option of enrolling back in the plan upon reinstatement of their employment. Moreover, if your company’s plan has a waiting period for enrollment, it is not effective under these circumstances as the service member has a right to immediate enrollment.

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