FMLA and Life Insurance

HR in CA

Help! I need some wisdom.

In June 2003 we had an employee go out on FMLA, and was designated as such. He returns for two weeks in September, then goes out again. FMLA 3rd party administator fails to put employee back on FMLA, the employee had 88 hours left of his 12 week entitlement. Employee out through 12/7/03. That brings me up to this week. Employee dies on 12/8/03. Our employee life insurance policy clearly states they will pay for active employees only or those on FMLA.

While he should have exhausted all of his FMLA prior to him passing away, however it wasn't designated. I do not believe there is anyway to put him back on FMLA in order for him to qualify for his life insurance, however I am looking for bites of wisdom from the forum to help me out. What say ye?

Don D

although I agree that after properly constructed, the record will show the FMLA to have expired and the intent of the ACT to have been met, I feel it is absolutely essential that an attorney be pulled into the loop ASAP. Since you mention a third party administrator and you indicate they caused the problem, perhaps they should bring in the attorney. There will also be the argument over the definition of an active employee since you clearly had not terminated this one. With the proceeds of a life insurance policy up in the air here, nothing short of an attorney will suffice. In fact, it's "Pay one now, or Pay one later".