NEED ADVICE ASAP
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Employee has been out on FMLA leave. Leave expires 2/14/03 however the leave of absence has been extended to 4/1/03 (even tho FMLA has expired). The employee is being asked however to pay for her medical insurance for a month and a half under COBRA. Can I advise her today that she needs to pay for the balance of February and then for the month of March? I don't think so.
Comments
I don't know about your state, but in MN our state law is that insurance cannot be canceled except and the end of the month. If in your state, and by your insurance group contract, you are allowed to cancel her insurance mid-month, then cancel it and extend a COBRA offer. She will have 60ish days to respond "yes" plus another 45ish days to pay. Once she elects COBRA, then you reinstate her coverage back to the time it was terminated, so that there is no break in coverage. If she doesn't elect or pay COBRA, then her insurance is never reinstated...unless she does come back to work 4/1/03, in which case you should check your insurance contract to determine eligibility (whether she is immediately reinstated, or if she must go through a waiting period again, as if a new employee, etc.)
Your supervisor cannot go around the law...
Sorry if I'm totally not getting what your question is!
You cannot require advance payment due to the COBRA guidelines.