March 11, 2008

Welcome to Benefits Challenge. Benefits Solved.

Here is a free, fun and intriguing way to test your knowledge. Each edition of the News & Review will include a test on topics such as FMLA, COBRA, FSA, HRA, HSA along with others various topics.

Question: The Proposed FMLA Regulations changed the employee eligibility requirement of at least 12 months of service with the employer, disallowing prior service if there is more than a five-year break in service. Are there any exceptions to the rule?

Your Response: INCORRECT

THE CORRECT ANSWER IS C.  Both A and B. When active military duty occurred during the break in service and per a collective bargaining agreement, the employer intended to rehire the employee after the break in service.

The DOL provided these two exceptions in §825.110.