Out of FMLA
LindaS
1,510 Posts
We have an employee who has exhausted all of his FMLA and is still unable to return to work. He had back surgery 3/19/09 and the last doctor's slip from him states that the EE is to be off work a MINIMUM of 6 weeks (4 weeks beyond his FMLA).
Would this qualify as ADA? With the updated regulations I'm thinking it probably does but what happens if he is still unable to return at the exhaustion of the additional four weeks? Are we required to grant him an indefinite leave of absence? Are we required to hold his job for him or can we simply tell him that, upon his return to work, he will be placed into whatever open position is available (should there be one)?
In addition, we have several issues relating to his insurance...
1) He had a child 3/14/09 who he has yet to add to his insurance (he has not made any contact with us regarding adding the child). Are we required to contact him and ask if he plans to add the new child? What happens if he does not add the child within the 30 days?
2) We will be removing him from our group insurance and offering him COBRA. If we have to grant him the additional time off, are we required to add him back to our insurance immediately upon his return or does he have another waiting period? What about the time in between should he not elect COBRA, does this count as a "break in coverage" for pre-existing conditions?
Thanks for any assistance.
Would this qualify as ADA? With the updated regulations I'm thinking it probably does but what happens if he is still unable to return at the exhaustion of the additional four weeks? Are we required to grant him an indefinite leave of absence? Are we required to hold his job for him or can we simply tell him that, upon his return to work, he will be placed into whatever open position is available (should there be one)?
In addition, we have several issues relating to his insurance...
1) He had a child 3/14/09 who he has yet to add to his insurance (he has not made any contact with us regarding adding the child). Are we required to contact him and ask if he plans to add the new child? What happens if he does not add the child within the 30 days?
2) We will be removing him from our group insurance and offering him COBRA. If we have to grant him the additional time off, are we required to add him back to our insurance immediately upon his return or does he have another waiting period? What about the time in between should he not elect COBRA, does this count as a "break in coverage" for pre-existing conditions?
Thanks for any assistance.
Comments
What have you done in the past with people who could not return from leave? Did you extend for them? Is this a 'good' employee? Realistically, could you have him replaced before the 6 weeks is up? These are all factors to consider before you decide whether or not to extend his leave.
As for the COBRA questions:
1. I would take the initiative and ask him whether the child will be added to your policy. I would also get his answer in writing. If you terminate for failure to return from leave he will qualify for the subsidy, but only at the plan level he was in at the time of termination... so you (and he) need to make sure everything is done correctly between now and then.
2. If you offer COBRA during his extension and he does not elect to take it, then he's too stupid to work for you. Why would anyone who is currently being treated for a serious and ongoing back condition reject insurance?