Cancel health insurance during military service?

Q. I work for a health care organization and have been called to military active duty for the reserves. I will be deploying to Afghanistan in a few weeks. I talked to the HR assistant in my office, and he tells me he thinks they can discontinue my health insurance while I'm gone. Can my boss do that?

A. No, not if you request continuation of your health insurance.

An employer must continue health insurance for an employee on military duty, if requested, according to the US Department of Labor. The entitlement is for up to 18 months from the date the absence from employment begins.

But, for periods of service in excess of 30 days, the employee may be required to pay up to 102 percent of the total cost of the insurance.

Impose Health Benefits Waiting Period on Return from Active Duty?

Q. My family and I had health coverage under my employer's group health plan before I was called on military active duty. We let this coverage lapse while I was away and took military health coverage. When I returned to my employer from active duty, my boss told me they might impose a waiting period to reenter my employer's health plan. Can my boss do that?

A. Generally, no. Under USERRA (Uniformed Services Employment and Reemployment Rights Act), you and your family should be able to reenter your employer's health plan, according to the US Department of Labor. In addition, your plan generally cannot impose a waiting period or other exclusion period if health coverage would have been provided were it not for military service. The only exception to USERRA's prohibition of exclusions is for an illness or injury determined by the Secretary of Veterans Affairs to have been incurred in, or aggravated during, performance of service in the uniformed services, which is covered by the military health plan.