If the employer’s business is disrupted by the flu and health benefit payments are not being made on time, what should the employee do?
The employee can call the plan administrator to determine the reason for the delay. Ask whether the plan is having operational problems or whether this problem is limited to the individual employee’s benefits. If the problem is limited to the individual benefits, discuss how to resolve the problem with the administrator. If the delay involves a plan operation issue, ask what efforts are being made to make timely payments. Firms providing services to the plan, such as third party administrators, may also be able to provide information about benefit payments. If the employee is still unable to get information about the status of benefits, he or she may contact one of the Employee Benefit Security Administration’s (EBSA) benefits advisors at 1-866-444-EBSA (3272), or contact EBSA by email at askebsa@dol.gov. Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws. Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
Last Reviewed: 10/02/2009
Related Questions:
- May employers ask employees if they have children or other family members for whom they may need to take care of in the event of a pandemic (for example, if schools were closed)? May they be asked if they have someone else who can take care of these family members? May this information be shared with supervisors and managers?
- In light of the ADA requirements, how may employers ask employees about factors, including chronic medical conditions, that may cause them to miss work in the event of a pandemic?
- May an employer require its employees to wear personal protective equipment (e.g., face masks, gloves, or gowns) designed to reduce the transmission of a pandemic virus?
- If a worksite closes due to illness, how does an employee locate the plan administrator, or file a claim for benefits or obtain other documents, such as certificates of prior coverage or replacement identification documents?
- Are employees still covered by the employer’s health plan if their worksite closes as a result of an influenza pandemic outbreak?
