Work Comp and Benefits con't....
KP68
164 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 03-30-04 AT 04:11PM (CST)[/font][br][br]Sorry, I made a couple edits....
I know this is similar an older post, but I need some input and have two questions:
1. What if an employee is not eligible for FMLA? Do you still continue benefits for 12 weeks while on work comp just to be consistent, or do you offer COBRA as of their first day out on Work Comp?
2. If you state in the FMLA letter (for the qualified employee) that an employee will be invoiced for missed premiums if the employee does not return after 12 weeks, and no payment is sent in by the due date, can an employer 'legally' terminate benefits retro to the beginning of the 12 weeks for non-payment, or does the company just have to take a bite on that?
Thanks - I look forward to your responses.
I know this is similar an older post, but I need some input and have two questions:
1. What if an employee is not eligible for FMLA? Do you still continue benefits for 12 weeks while on work comp just to be consistent, or do you offer COBRA as of their first day out on Work Comp?
2. If you state in the FMLA letter (for the qualified employee) that an employee will be invoiced for missed premiums if the employee does not return after 12 weeks, and no payment is sent in by the due date, can an employer 'legally' terminate benefits retro to the beginning of the 12 weeks for non-payment, or does the company just have to take a bite on that?
Thanks - I look forward to your responses.
Comments
As to the FML question, you are supposed to maintain the benefits while out on FML meaning if the ER is providing the coverage for the EE then you continue to do so all the way through the 12 weeks. If the EE is paying a portion of the premium, he/she should continue to do so. There has been some disagreement on this forum about how solid the ground is if you cancel insurance for non-payment during FML. The Act says the insurance must be maintained, but also says the EE is responsible for paying their share (if any) of the premium. Our company provides health coverage for the EE, but requires the EE to pay for dependent coverage and other elected benefits.
If the EE does not return after the 12 weeks and has not requested or been granted additional leave, we terminate and start the Cobra paperwork.