Haw. Code R. § 14-52-25 - Participation in the medical expense reimbursement spending account while on unpaid leave of absence or unpaid FMLA leave

(a) A participant who takes an unpaid leave of absence or unpaid FMLA leave may elect to continue participation in the medical expense reimbursement spending account by making the required contributions and administration fees under the plan during the period of unpaid leave or unpaid FMLA leave. The participant may make the payments using either the:

(1) Prepayment method; the participant may prepay the entire contribution due during unpaid leave or unpaid FMLA leave; or

(2) Pay-as-you-go method: the contributions due during the unpaid leave or unpaid FMLA leave period may be paid out-of-pocket based on the same schedule that would have been used if the participant had not been on unpaid leave or unpaid FMLA leave, and under the State's existing rules for payment by employees on leave without pay.

A participant on unpaid leave or unpaid FMLA leave who fails to make the required contributions or administration fees shall be administratively canceled from the medical expense reimbursement spending account in accordance with section 14-52-30.

(b) A participant who takes an unpaid leave or unpaid FMLA leave for ten or more working days may elect to change or cancel the medical expense reimbursement spending account elected benefits in accordance with section 14-52-28.

(c) A participant who is administratively canceled or elects to cancel participation in the medical expense reimbursement spending account under subsection (b), and returns from unpaid leave or unpaid FMLA leave during the same plan year, may recommence participation in the medical expense reimbursement spending account in accordance with section 14-52-20. The election may be the same as or different from the benefit that was in effect at the time the participant began the unpaid leave or unpaid FMLA leave, in accordance with section 14-52-28,

Notes

Haw. Code R. § 14-52-25

[Eff SEP 13 1999] (Auth: HRS § 78-61) (Imp: HRS § 78-61) [Am and comp 12/2/2021] (Auth; HRS § 78-30) (Imp: HRS § 78-30)