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W/Comp & COBRA?

KymmKymm 140 Posts
in Benefits & Leave Vote Up0Vote Down
Those of you in California - We have an employee who has been on workers comp for 6 months - our policy states that after 6 months of being "non-active" your benefits will be terminated and you have the option of going on to COBRA. I am now being told that IN CALIFORNIA
this is illegal and we must keep the benefits going as long as they are employed and on Workers Comp. Has anyone heard this?
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  • irenesmsaclaimsirenesmsaclaims 241 Posts
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    Does your insurance contract or plan document state that after 6 months of non-active status benefits terminate? Under COBRA (federal law), the person would have to experience a qualifying event of termination of employment or reduction in hours (losing eligiblity for the coverage). If the person is still employed and on WC, reduction in hours could be the qualifying event. I don't know if California has laws regarding this, either WC laws or insurance laws. It might.
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