AMENDMENT NO. 17
TO THE
SOUTHERN CALIFORNIA IBEW-NECA
ACTIVE HEALTH PLAN
Effective April 25th, 2006, the following Section, Family Medical Leave Act, is added immediately following the conclusion of the Section entitled, "Disabled Employees/Workers Compensation" as found on pages 13 thru 14 of the Active Health Plan.
"Family Medical Leave Act
The Family Medical Leave Act enacted by Congress in 1993 provides that in certain situations certain employers are required to grant leave to employees and that in such situations the employer is required to continue medical coverage for the employees. The federal legislation specifically provides that more liberal provisions of state law are permitted and also provides that more liberal provisions contained within collective bargaining agreements are permitted.
It is not the role of the Trustees or Trust Fund to determine whether or not an individual employee is entitled to leave with continuing medical care under the federal statute, any state statute or the provisions of a collective bargaining agreement. Disputes as to the entitlement to leave with continuing medical benefits must be resolved by the employer, employee, and where applicable, the local union.
To the extent that the participants are entitled to leave with continuing medical coverage pursuant to the federal act, state legislation or provisions contained within a collective bargaining agreement, the Trust Fund will provide continuing medical coverage so long as required monthly contributions are received from the contributing employer. Rights under this section in no fashion affect rights under COBRA or rights to continuing medical care pursuant to the disability extension features contained within the Plan."
Approved and adopted at the Board meeting held on April 25, 2006.
BY: Signature on File
Chairman
BY: Signature on File Secretary
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