Leaves of Absence

(1) Employees may continue their Commission coverage while on an authorized leave of absence without pay for reasons other than personal illness or injury. Such Employees are responsible for the entire premium cost; no Employer contribution shall be made, except as otherwise provided in 805 CMR 9.06. 9.06: continued (2) Employees who are absent from work due to personal illness or injury, for which they are receiving Workers' Compensation benefits pursuant to M.G.L. c. 152 or any similar law or regulation, and whose salary ceases due to lack of sick leave credits, may continue their benefits by paying the employee's share of the premiums with authorization by the employee's agency. The authorizing agency is responsible for updating its payroll system with the leave of absence (LOA) information and notifying the Commission via the proscribed form so that it can initiate monthly billing to the employee on leave. If the employee on LOA is terminated for failure to make premium payments, said employee will not be eligible for reinstatement of coverage until the next open enrollment. (3) Employees who are not entitled to receive salary or wages while awaiting a determination of eligibility for Workers’ Compensation benefits shall be deemed to have been granted a leave of absence without pay, and may continue their existing coverage by paying the entire monthly premium cost with no contribution made by the Employer. Employees approved for Worker's Compensation may apply for a reduction of premium, which the Commission will review and may refund the amount for which the employer is properly responsible. (4) Entitlement to Workers’ Compensation benefits does not entitle a terminated Employee to continue Commission life or health coverage. (5) Employees on a leave of absence for one year who pay the Employee's share of premium may thereafter continue to receive their Health Coverage if they continue to pay the Employee's share of the premium cost and the Employee's agency pays the Commonwealth's share of the premium cost. (6) Employees on a medical leave of absence (excluding worker's compensation, industrial accident or parental leave) may continue to receive their Health Coverage by paying the Employees' share of the premium cost only after they have exhausted their accrued sick and vacation time. (7) Employed and Reemployed Members of the Uniformed Services are subject to the requirements of the Uniformed Services Employment and Re-employment Rights Act (USERRA). (a) Employed and reemployed members of the uniformed services who are absent from employment by reason of service may elect to continue their Commission coverage up to the lesser of either 24 months from the date their absence begins or the day after the date on which they fail to apply for or return to their employment positions. Members who elect to continue their Commission coverage are required to pay the full premium cost; however, members who perform service for fewer than 31 days are not required to pay more than the Employee's share, if any, for such coverage. (b) Members who do not elect to continue Commission coverage or do not pay for it in a timelymanner may, upon the members' departure for service, have their coverage terminated unless their failure to elect was excused because continued payment was impossible, unreasonable, or precluded by military necessity. The Commission shall reinstate such member’s health coverage retroactively if they elect to continue coverage and pay all unpaid amounts due. (c) Reemployed members, except in the case of those who elect continuing coverage, will not have a waiting period if such a waiting period would not have been imposed for reasons other than uniformed service. (8) Employees who are absent from work for 30 consecutive calendar days or more are considered to be on leave of absence for the purpose of Commission coverage. (9) Employees resuming employment following an approved leave of absence, who terminated coverage during said leave, may resume coverage in accordance with the Commission’s Section 125 Cafeteria Plan or at Annual Enrollment. (10) When an employee terminates state or municipal employment, coverage will continue to the end of the next month following the effective date of the termination.