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COBRA notice after FMLA expired

KOlsonKOlson 3 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Do I need to send a COBRA notice together with a notice that FMLA has expired? I am new at this.
Thanks!
KOlson, Minnesota
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  • 2 Comments sorted by Votes Date Added
  • SystemSystem 5,885 Posts
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    I'm not sure that you have to do the two things at the same time. But if you're saying that this person is no longer your employee, then you have to notify him of his COBRA rights within a certain period of time.

    Since you're new to this stuff, I highly recommend a book called HR Quick List. It helps you spot legal issues in common situations, like an employee leaving the company. And it has a ton of Internet resources included in the price. Heck, I'd even like it if I weren't the co-author.
    [url]http://www.hrhero.com/hrquicklist.shtml[/url]

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
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  • Margaret MorfordMargaret Morford 1,143 Posts
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    If your company policy and practice is to terminate employees after they exhaust their FMLA then you do need to send a COBRA notice to the employee. However, I would get some legal advice about whether the employee would also qualify for protection under ADA. If so, you need to explore whether a short extention of their leave (past the exhaustion of their FMLA) might not qualify as a reasonable accomodation. Just one other issue to look out for.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
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