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1. FEATURE STORY:
PROTECT EMPLOYEES' RIGHTS TO CONTINUE HEALTH CARE COVERAGE DURING MILITARY LEAVE

Last week, U.S. Defense Secretary Robert Gates did not dispute the prediction of Lieutenant General Raymond Odierno, commanding general of the Multi-National Corps-Iraq, that U.S. forces would be needed in Iraq "for a few more years."

That likely means that more troops will be headed overseas. If one of your employees is slated to ship out, it's imperative that you're well-versed in the employment rights of employees on military leave. One such right involves the election of health care continuation coverage.

Employees who go on military leave are entitled to elect to continue employer-provided health care coverage under:

• the Consolidated Omnibus Budget Reconciliation Act (COBRA), which applies to employers with 20 or more employees,

• the Uniformed Services Employment and Reemployment Rights Act (USERRA), which applies to all employers, or

• both COBRA and USERRA.

For employers with 20 or more workers, COBRA and USERRA run concurrently. Where the laws differ, you must apply the one most beneficial to employees.

Maximum Coverage

COBRA's typical maximum health care continuation coverage period is 18 months; under certain circumstances, that period may be extended to 29 or 36 months. USERRA's maximum continuation coverage period is 24 months. If an employee has been granted 18 months of COBRA coverage, applying the law most beneficial to employees does not mean extending coverage after COBRA expires by another 24 months. Here's an example of what it does mean.

In January 2005, Andrew is called to active duty and elects to continue health care coverage for himself and his wife under his company's medical plan. The plan is subject to COBRA. Andrew remains on military leave until September 2006. For the first 18 months (i.e., January 2005 - June 2006), Andrew and his wife have both COBRA and USERRA coverage. COBRA's 18-month maximum coverage period ends at the end of June 2006. So for the remaining three months, Andrew and his wife have USERRA coverage only.

Notification & Election Requirements

Other areas where the laws differ are notification and election of coverage. COBRA contains detailed guidelines on notice and election procedures; the U.S. Department of Labor provides model notices for COBRA. USERRA does not proscribe any such procedures; employers and plan administrators are taxed with developing reasonable procedures that are consistent with USERRA.

Where the laws run concurrently, you can satisfy both requirements by modifying your COBRA notice and election form to incorporate USERRA or by providing separate COBRA and USERRA documents.

If you decide to draft separate USERRA notices, you'll need a notice similar to the General Notice Of COBRA Continuation Coverage Rights that apprises employees of their right to elect health care continuation coverage under USERRA, and an election form similar to the COBRA Continuation Coverage Election Notice that employees can use to elect continuation coverage under USERRA. Attach each of them to the corresponding COBRA ones.

If you don't have the time to draft these notices yourself or the thought of doing so is overwhelming, check out AHI's Complete COBRA Compliance Kit, which contains an already written Model General Notice Of Health Care Continuation Rights Under USERRA and a Model Health Care Continuation Coverage Election Notice Under USERRA.

2. CATHIE'S CORNER:
HELPFUL RESOURCES FOR HUMAN RESOURCES

A couple of weeks ago I wrote about employees who come to you with mistaken beliefs about what the law says. I suggested that you turn it back on the employee and ask them to show you the law. But what do you do when it's your boss or another executive who needs clarification? You certainly can't ask them to do the research and get back to you. Here's what I rely on.

1. The government. Most execs want to see the actual law, so get it straight from the horse's mouth. Both the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have user-friendly sites that you can refer to if you have questions about the federal laws that fall under their jurisdiction. The Occupational Safety and Health Administration (OSHA) is also online, but I find their site a bit more difficult to maneuver.

Most, if not all, states also have websites. Some of them are more helpful than others, however. To find what you're looking for, look for the section on labor or employment, and search for an FAQ section. I've found that the areas designated for employees are often more helpful than the ones for employers, but check both of them. Depending on what the issue is, you may want to check the state DOL, the state Commission on Human Relations, or even the state version of OSHA. But since you are responsible for being in compliance with both federal and state law, I would recommend checking both your state's website, as well as the federal counterpart.

2. Paid resources. You have your pick of books, newsletters, and online publications to buy or subscribe to. I find such materials to be handy as a starting point, but prefer to verify with a more up-to-date resource such as a state website.

3. Message boards. There are plenty of interactive message boards for HR professionals where you'll likely find someone who has dealt with the subject, knows the law in question, or can at least point you in the direction of the relevant laws. It's an invaluable resource whenever you need the support of other HR practitioners.

Finally, don't overlook your corporate counsel. While it can be costly to call him/her for a 15-minute conversation, sometimes it can be more costly not to. An ounce of prevention is worth a pound of cure, and to pay $300 to confirm that you are acting legally will be a lot less expensive than defending a subsequent lawsuit.

Catherine Bannon is the President of HR by Request, Inc., in Marshfield, MA (catherine.bannon@gmail.com). Bannon worked for 10 years in HR management before starting her consulting firm.

HOW A MANAGER'S GAFFES CAN ADD UP TO DISCRIMINATION

You're not perfect, but you shouldn't get sued because of that, right? The realities of workplace life might mean being late in giving an employee a performance review or transferring a worker for a longer time than originally anticipated. Discover how those innocuous management actions became...View the full story on our website.

FREE REPORT

Check out the Free Report, "Keep Caregiver Bias Out Of Your Workplace," which explores stereotypes associated with employees with caregiving responsibilities, as well as the illegal employment actions some employers take based on these stereotypes. You also get advice for helping all employees achieve a work/life balance and a sample family responsibilities discrimination policy.