OPM Proposal Could Change Health Care Coverage For Some Employees

Draft rule would allow agencies to require some workers to keep paying their FEHBP premiums when they are on leave without pay.

A new proposed rule would allow agencies to require some employees to keep paying their health insurance premiums when they are on leave without pay.

The change under consideration would give agencies the option of requiring certain LWOP employees to pay-as-they-go to maintain their coverage under the Federal Employees Health Benefits Program; if necessary, agencies could advance a portion of employees’ basic pay to cover their FEHB contribution for the LWOP period. Employees would have to reimburse the agency for the advance pay upon returning to work.

“When assessing whether it is necessary to pay advanced employee contributions for premiums, the regulation provides that an agency shall balance the needs of the agency, including available financial resources and ease of operation, with those of its employees, including typical job series and pay grades and access to direct payment methods,” said the proposal.

While employees who go on leave without pay now can choose to keep their FEHB payments current when they’re out, generally agencies pick up the entire FEHB tab – the government and employee contributions – for employees on LWOP. Employees incur that debt, and then repay their portion of the FEHB contribution when they return to work.

The proposed rule exempts several categories of LWOP, including leave taken under the Family and Medical Leave Act, the Federal Employees Compensation Act, and the Uniformed Services Employment and Reemployment Rights Act. So, agencies could not require employees in those categories to pay-as-they-go for their health care coverage under the proposal. FMLA provides up to 12 weeks of unpaid leave to most government and private sector workers for the birth or adoption of a child, or to care for seriously ill family members; USERRA protects the jobs and benefits of employees on active or reserve military duty. 

The proposal also would not apply to employees furloughed because of a lapse in appropriations, or government shutdown.

“It seems like the exemptions swallow up the rule,” said David Ermer, a managing partner at Washington-based Ermer Law Group who represents the Association of Federal Health Organizations, a trade group of FEHBP plans. Because of that, Ermer said most people don’t have to worry about being affected by the change.

The draft rule, which the Office of Personnel Management published on Tuesday, is really aimed at helping agencies provide health care coverage to temporary and seasonal federal workers while also keeping an eye on their budgets. In 2015, a new policy requiring agencies to expand FEHBP coverage to previously ineligible workers took effect. Under that regulation, all temporary, seasonal and intermittent employees who are scheduled to work at least 130 hours in a calendar month and work at least 90 days are eligible for FEHBP coverage.

“OPM recognizes that the recent expansion of eligibility for FEHB coverage may impact an agency's budget due to the required FEHB government health benefit contributions for newly eligible employees who elect to participate in FEHB coverage and go into LWOP or other non-pay status based on the intermittent nature of the work performed,” said the proposed rule in the Aug. 30 Federal Register.

“That’s what is driving this [proposal],” Ermer said. Agencies can opt to keep paying the whole FEHB tab while employees are on leave without pay. Whether they choose to take advantage of the flexibility under the proposed rule “probably depends on the percentage of intermittent and temporary employees that they have,” Ermer said.

For example, the Internal Revenue Service and departments of Agriculture and Interior employ many temporary and seasonal workers ranging from extra staff hired during tax season to firefighters and other emergency personnel. “It’s intended to give relief to those agencies,” Ermer said.

The comment period on the proposed rule ends Oct. 31.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.