Employee Benefits
Oct. 30, 2012
ERISA vs. state pregnancy disability
A recent case suggests that a state law requiring employers to maintain group health plan coverage for employees on pregnancy disability leaves could be preempted by ERISA. By Stephen Harris and Melinda Gordon of Paul Hastings LLP
W hen California passed Senate Bill 299, requiring employers to maintain group health plan coverage for employees on pregnancy disability leaves, some wondered if ERISA preempted the new law. But few, if any, employers were willing to challenge it, especially given the U.S. Department of Labor's "double saving clause" theory: that the FMLA savings clause and ERISA bar on impairing other federal law...
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