Granting Job Protected Leave Under the ADA May Lead to ACA Obligations to Continue Group Health Benefits for Those Receiving Disability Benefits

Seyfarth Synopsis: Compliance with the EEOC’s position that employers must consider granting job protected leave to employees who have exhausted FMLA (or who are not eligible for FMLA) on a case-by-case basis under the ADA may have an additional unintended consequence. Where an employee who has exhausted FMLA has not been terminated and is receiving disability benefits paid for, at least in part, by the employer, such hours are considered “hours of service” under the Patient Protection and Affordable Care Act  (“ACA”) and can trigger obligations to continue group health benefits.

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