Q.- An employee missed the claims submission deadline for our health FSA. He now wants to be reimbursed for an expense he incurred during the plan year but forgot to submit. Do we have to let him submit the claim late?
A.- Maybe. If your plan is subject to ERISA, you should be aware that the claims submission deadline is “tolled” during the COVID-19 national emergency and for 60 days after the national emergency is declared over. ERISA plans have to extend their claims submission deadline during this period. Your employee may not technically be late for submission due to the extension guidance.