Health Insurance Benefits

Enfield

Are employers required by law to continue health insurance benefits for an employee who is out due to a work related injury. Where could I find this in writing?

LindaS

Worker's Compensation laws are state specific so you would need to examine TN W/C laws to determine if there is a requirement that employers maintain health insurance. If your company is large enough to be subject to FMLA, and the injury qualifies as a serious health condition, and you run FMLA concurrent with W/C there is a requirement under the federal FMLA laws that require an employer to maintain health insurance for employees off work on FMLA leave. The employer does, however, have the right to require the employee to continue paying their portion of the health insurance premiums while an employee is off work under FMLA. Once FMLA has expired, the benefits can be terminated and an employee would then be subject to COBRA continuation coverage.

Hope this helps.

HR in CA

Linda

What would you do if the injured worker wasn't eligible for FMLA yet?

Your response is exactly what we are doing, but we are not sure how to address those who are not FMLA eligible.

Your opinion will be most appreciated!

THANKS

LindaS

If they are not FMLA eligible and your WC laws do not require the maintenance of benefits, terminate their insurance and offer them COBRA.