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Long Time WC leave - Help Please!!!

Human Resources ManagerHuman Resources Manager 188 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
[font size="1" color="#FF0000"]LAST EDITED ON 10-23-03 AT 02:43PM (CST)[/font][p]Help!!!!!! I've just found out that we have a couple of guys who have been out on WC leave for almost 2 years (before I started working here) They were never reported to me as on leave, and my predecessor never sent them FML paperwork, or COBRA, they have been on our insurance THIS WHOLE TIME! My question is, since they have not worked 1250 hours (or any hours) in the last year, can I immediately qualify them for COBRA, or do I need to go through 12 weeks for FML first?
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  • LindaSLindaS 1,510 Posts
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    When was the last time you received documentation regarding their inability to work? Is the claim still open? I would go ahead and send them the COBRA paperwork because even though the FMLA paperwork wasn't sent two years ago, they have still received the benefits guaranteed during their first 12 weeks and they haven't worked the hours in the previous year to requalify.
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