›

health benefits while out on workers comp

klburnetteklburnette 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I am a Manager of a small company of 50 employees. We have an employee going out for neck surgery thru workers comp. She will be off work from 12 weeks to 6 months. She will be paid thru Workers Comp. Question is; in order to continue her health coverage during this time, can I have her pay the full monthly premium for health insurance? Presentley the Company pays 66% and employees pay 33%, or is she only required to pay her portion during this time off? Thank You
Share on Facebook Share on Twitter

Comments

  • 1 Comment sorted by Votes Date Added
  • LindaSLindaS 1,510 Posts
    PMVote Up0Vote Down
    If your company employs 50 or more employees you need to follow FMLA regulations. If you are unfamiliar with them, you can go to the [url]www.dol.gov[/url] website and get some information. The employee needs to be notified if you are going to run the W/C and FMLA together and if you choose to do that, you cannot cancel her insurance while she is under FMLA protection. What you can do is inform the employee that she is responsible for making her portion of the premium payments, the same as if she were working.

    If the employee fails to pay, some will tell you it's okay to terminate her coverage while others will tell you you cannot (I'm in the latter category).

    If your company does not fall under FMLA, there is no requirement for you to maintain her health insurance so you would be able to cancel her and offer her COBRA.
    Share on Facebook Share on Twitter
Sign In or Register to comment.