Family Medical Leave (FMLA) is Not a Qualifying Event for COBRA
Taking leave under the Family and Medical Leave Act (FMLA) is not considered a COBRA qualifying event. While on FMLA, employees keep the same health insurance coverage they had before the leave. If the employee does not return to work when the FMLA period ends, that loss of coverage becomes a qualifying event, and the employer can then offer COBRA continuation coverage.
What You Need to Know
- Taking FMLA leave is not a COBRA qualifying event; your health coverage must remain the same during leave.
- COBRA coverage begins only if you don’t return to work after FMLA ends and your employer plan ends.
- FMLA allows up to 12 weeks of leave (or 26 for military caregivers) without losing your job or benefits.
How Is FMLA Different From COBRA?
The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. During FMLA leave, employers must maintain your health coverage as if you were working. COBRA, only applies when you lose coverage after employment ends or another qualifying event.
Time Allowances for FMLA
Employees may take up to 12 workweeks of leave in a 12-month period for:
- The birth of a child and to care for the newborn within one year of birth;
- The placement of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- To care for a spouse, child, or parent with a serious health condition;
- A serious health condition that makes the employee unable to perform the essential duties of their job;
- A qualifying emergency related to a family member’s military service.
Employees may also take up to 26 workweeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness if the employee is the servicemember’s spouse, child, parent, or next of kin (military caregiver leave).