8 Eligibility During Family Medical Leave (FMLA) Your eligibility for coverage while on FMLA will be determined by your contributing employer. However, you are eligible for leave under the FMLA if you: • Have worked for a covered employer for at least 12 months; • Have worked at least 1,250 hours over the previous 12 months; and • Work at a location where at least 50 employees are employed by the employer within 75-mile radius. The Fund Office will maintain your prior eligibility until the end of the leave, provided your contributing employer properly grants the leave under federal law, notifies the Fund, and continues to make monthly contributions on your behalf while you are on approved leave. If you and your employer have a dispute over your eligibility under FMLA, your benefits will be suspended pending resolution of the dispute, in the absence of the required contribution. The Board of Trustees will have no direct role in resolving the dispute. Coverage under this Plan will continue during the FMLA leave on the same basis as other similarly situated employees. Call your employer to determine if you are eligible for FMLA leave. Then, contact the Fund Office if you are planning to take FMLA leave so that the Fund is aware of your employer’s responsibility to make contributions during your absence. The Board of Trustees cannot enforce collection of contributions from your employer while you are out on leave; however, federal authorities may assist you regarding your continued coverage. Eligibility for Coverage During Leave Under USERRA (Military Leave) If you enter qualified military service (such as active or inactive duty training or active duty in the United States armed forces or National Guard), and you have sufficient hours in previous work periods to continue eligibility for one or more months following the month you enter the Uniformed Services, you have the option of continuing your eligibility in the Plan under the Plan’s Continuation of Eligibility rules or freezing your eligibility as of the end of the month in which you enter the Uniformed Services, or as of the date you enter the Uniformed Services if you enter on the first of the month. In addition, you may elect Coverage for yourself and eligible dependent(s) under COBRA Continuation Coverage. However, in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), you must return to work or seek re-employment with an employer following a discharge, under not less than honorable conditions, within the minimum time period allowed. If you do not return to work in Covered Employment or seek re-employment in Covered Employment within the minimum time period allowed, you will forfeit your continued eligibility rights under the Plan. In order to ensure protection of your rights under the USERRA, you must notify the Fund Office as soon as you are called up for qualified military service. If you are covered under the Plan at the time your qualified military service leave begins, your health coverage will be continued by the Fund for your first 30 days of military service providing monthly contributions are made by your Contributing Employer. If you are on uniformed services for more than 30 days, you will be permitted to continue health coverage for yourself 1 and your eligible dependents under the options set forth herein: 1 See option to elect coverage for yourself (not your Spouse or eligible dependents) discussed in the SPD.