Home / Archived Articles / Legislation Update! - Act 4 of 2009 (Overage Dependents) and FMLA Expanded Again

Articles

Legislation Update! - Act 4 of 2009 (Overage Dependents) and FMLA Expanded Again

Act 4 of 2009 (extended eligibility for overage dependents): This law allows an employer to
extend coverage under their group health plan to adult unmarried children until they reach age 30.

The dependent child must meet all of the following criteria to be eligible:

-Is not married

-Has no dependents of their own

-Is a resident of Pennsylvania or enrolled as a full- time student at an institution of higher
education

-Is not covered under another group or individual health insurance policy or entitled to benefits
under any government program

The cost for the extended coverage will be determined by your insurance carrier for fully- insured
programs. If you want to add this extended coverage to your plan, coverage would be effective on
the date the policy is renewed on or after January 1, 2010.

FMLA Expanded by President Obama - Fiscal Year 2010 National Defense Authorization Act:
This new law expands the exigency leave and caregiver provisions for military families under the
Family and Medical Leave Act of 1993 (FMLA).

In January 2008, FMLA was amended to provide exigency leave (up to 12 weeks of leave for urgent
needs related to a reservist family member’s call to active service).

This new law expands exigency leave to include family members of active duty service
members. Previously, only family members of National Guard and Reservists were
eligible for exigency leave.
Caregiver leave was also added in 2008 providing up to 26 weeks of unpaid leave to an employee
to care for a family member who was injured while serving on active military duty.

The caregiver leave has been expanded to include veterans who are undergoing
medical treatment, recuperation or therapy for serious injury or illness that occurred
any time during the five years preceding the date of treatment.

Both provisions are effective immediately.