Section 285.635

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 285

Effective - 28 Aug 2021   

  285.635.  Group health coverage during leave — recovery of premiums, when — certification for inability to return to work — confidentiality. — 1.  During any period that an employee takes leave under section 285.630, the employer shall maintain coverage for the employee and any family or household member under any group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.

  2.  The employer may recover from the employee the premium that the employer paid for maintaining coverage for the employee and the employee's family or household member under such group health plan during any period of leave under this section if the employee fails to return from leave after the period of leave to which the employee is entitled has expired for a reason other than the continuation, recurrence, or onset of domestic violence, sexual violence, abuse, a sexual assault, or human trafficking that entitled the employee to leave under section 285.630, or other circumstances beyond the control of the employee.

  3.  An employer may require an employee who claims that the employee is unable to return to work because of a reason described in subsection 2 of this section to provide, within a reasonable period after making the claim, certification to the employer that the employee is unable to return to work because of that reason by providing the employer with:

  (1)  A sworn statement of the employee;

  (2)  Documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee has sought assistance in addressing domestic or sexual violence and the effects of such violence;

  (3)  A police or court record; or

  (4)  Other corroborating evidence.

  4.  All information provided to the employer pursuant to subsection 3 of this section including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee is not returning to work because of a reason described in subsection 2 of this section shall be retained in the strictest confidence by the employer, except to the extent that disclosure is requested or consented to in writing by the employee, or otherwise required by applicable federal or state law.

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(L. 2021 H.B. 432)