Cancellation of Benefits

We have an employee who is out on an unpaid leave for a pregnancy, but not FMLA (Did not qualify due to length of service.) The problem? We have not heard from her in over a month (45 days to be exact), she is 3 payments behind on her insurance, and she has not returned any phone calls nor answered 2 certified letter we have sent her. She is receiving STD through our agency. My question is, can we cancel her insurance and inform her she is eligible for cobra? Are we obligated to hold her position. At this point, we do not even know if she is returning from her leave.

Comments

  • 2 Comments sorted by Votes Date Added
  • As for canceling her insurance, unless you have some type of policy that maintains her insurance, you can go ahead and cancel her insurance as long as you provide her with a 15 day notice of cancellation. As for her position, what was the agreement when she left? Take a look at that and before making any final decisions, send her one final certified letter regarding the status of her position before you terminate.
  • Since you have already sent two certified letters and left calls that have not been returned (documented I hope) then I would go ahead and terminate. Send her the COBRA information. You have done your best and she is not responding. Do you have any coworkers who might be in contact? This may be a last ditch effort to get through to her.
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