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COBRA & Workmans Comp

HRTakHRTak 3 Posts
in Benefits & Leave Vote Up0Vote Down
I have an employee who has been out on a work related injury since May 2001. She has since been declared "Permanent and Stationary". We have kept her on our Health Insurance and have not been collecting her premium contributions. Can we at this time offer her COBRA? FYI...she is "sue happy" and has done this to another employer in the past. So my main concern is to have all of our duck in a row before we proceed with any action.

Also, can we put a policy in effect that allows us to collect their premium contributions to the company while on an extended WC injury? And if so, is there a sample policy available?

Traci
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Comments

  • 2 Comments sorted by Votes Date Added
  • felicia_matthewsfelicia_matthews 41 Posts
    PMVote Up0Vote Down
    Do you have a workers comp leave policy and did you have the employee sign an agreement that she will be responsible for paying for those premiums?
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  • bsabsa 359 Posts
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    I'm not sure what "Permanent and Stationary" means, but it could be a qualifying event if it affects her employment status with your company. A qualifying event is voluntary termination, involuntary termination, or reduction of hours. Any of these will trigger the COBRA clock. Consult your insurance carrier to determine if "P&S" is a qualifying event.

    FMLA allows it you to collect the employee's regular contribution amount as if they were working for their health insurance, if it's in your policy -- so I would make a giant leap to say yes you can have a similar policy for WC leave. Check your state's WC regulations and ask your WC insurance carrier.

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