What rights do employees on military leave have to continued coverage under an employers health insurance plan?
USERRA provides rights to continued health coverage for employees who go on military leave and for their dependants who are normally eligible for coverage. Employees who leave their employment to perform military service for less than 31 days are entitled to continued coverage and cannot be required to pay more than the amounts, if any, that active employees would pay for health insurance coverage. For employees who leave their jobs to perform military service for more than 31 days, USERRA provides the right to elect continuation (COBRA-like) coverage under their health plans for up to 18 months following the separation from employment or until their reemployment rights expire, which ever occurs first. Employers may require employees to pay up to 102% of the applicable premium to cover the cost of elective continuation coverage under their health insurance plans. Note that this right applies even if the plan is not subject to COBRA (e.g. plans with fewer than 20 employees and non-ERISA
