14 • The expiration of the applicable Continuation of Coverage period under the Plan, including COBRA Continuation Coverage. Options Under Which Your Covera ge Can Be Extended Coverage During Family and Medical Leave The Family and Medical Leave Act (FMLA) of 1993, (as amended), allows you to take up to 12 weeks of unpaid leave during any 12 - month period due to any of the events listed below, and you have perf ormed at least 1,250 hours over the previous 12 - month period. In addition, you must work at a location where at least 50 employees are employed by the employer within a 75 - mile radius. Eligibility for leave under FMLA will be determined by your contributi ng employer. In determining your continued eligibility for medical coverage benefits during a FMLA leave of absence, the Plan will comply in all respects with the Act. The FMLA allows an Employee to FMLA leave of absence due to: • The birth, adoption, or pla cement with you for adoption or foster care of a child; • You need to care for a seriously ill Spouse, child, or parent; • Your serious illness; • A qualifying exigency, or urgent need to for leave because your Spouse, son, daughter or parent is on active duty in the armed services (including the National Guard or Reserves) in support of a military operation. • In addition, you may be able to take up to 26 weeks of unpaid leave during any 12 - month period to care for a service member. The service member must be: Your Spouse, son, daughter, parent, or next of kin; Undergoing medical treatment, recuperation or therapy for a serious illness or injury incur red in the line of duty while in the armed forces; and As an outpatient or on the temporary disability retired list of the armed services. Co vered service members include veterans who were members of the Armed Forces (including the National Guard or Reserv es) at any time during the 5 years preceding the date on which the medical treatment, recuperation or therapy began. The Fund will maintain your prior eligibility status until the end of the leave, provided the contributing Employer properly grants the le ave under the FMLA, notifies the Fund, and continues to make the required contribution to the Fund. If you and your employer have a dispute over your eligibility under the FMLA, your benefits will be suspended pending resolution of the dispute, in the absence of the required contribution. The Board of Trustee will have no direct role in resolving the dispute. Coverage under the Plan will continue during the FMLA leave on the same basis as othe r similarly situated employees. Call your employer to determi ne if you are eligible for the FMLA leave. Then contact the Fund Office if you are planning to take the FMLA leave so that the Fund is aware of your employer’s responsibility to make contributions during your absence. The Board of Trustee cannot enforce co llection of contributions from your employer while you are out on leave. However, you may seek guidance regarding your continued coverage from the Department of Labor ( DOL), EBSA division. Coverage During Qualified Military Service If you enter qualified m ilitary service (such as active or inactive duty training or active duty in the United States armed forces or national guard), under the Uniformed Services Employment and Reemployment Rights Act (USERRA), your eligibility for coverage under the Plan may be protected during the qualified
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