We have an employer with one employee on FMLA, and one employee on disability. April 1 is their enrollment date. Are these employees able to make an election as of April 1? or do they need to wait until they are back from leave and make a new election from the day they come back to the end of the year?

What plan? What does the SPD say? For the most part, HIPAA did away with actively at work provisions for health care plans, but you can still require the employee to be actively at work to enroll in life or disability plans.

Sorry I forgot to say it's for a S125 cafeteria plan. Medical and Dependent care

HIPAA also did away with actively at work for disability plans.

I sugest that you, as most employers that I have seen do, send the material to the employees.

My understanding is that any elections made to disability or life insurance are no effective until the employee returns to work (the actively at work provision). They can make the elections but they will not take effect until they return. Where in HIPAA does it have the elimination of the Actively at Work provision for disability and life insurance?