FMLA and COBRA

I need some expert advice. We have an employee who has just exceeded her required 12-week FMLA and still has not come back to work; nor has she made any attempt to notify the office of her intent. The agency pays her health insurance in full and a portion of her dental. Am I allowed to place her on COBRA for these two items or must I continue to carry her at company expense? I need to know as quickly as possible so I can advise her of her rights by certified mail. Thank you

Comments

  • 2 Comments sorted by Votes Date Added
  • Once her 12-week FMLA is up, you no longer have an obligation to continue paying her premiums, unless you have done the same for other employees in the sme situation. If you haven't, send her the paperwork. Just curious, how is it that the EE has exhausted her leave and you don't know why or when she is returning to work?
  • She has taken segments of FMLA since last August. One week here, one week there always with an MD's excuse, but she has not followed up. She had surgery and had to wait for a period to have reconstructive surgery to reattach her colon. I have been in contact with her by telephone and she promises to call back after her doctor's appointment, but hasn't done so. I have been in the process of reviewing manuals, preparing DFS reports, attending meetings, assisting with the implementation of a new point of care program and just hadn't stayed on top of it like I should. I am the only one in HR and also assist the Executive Director and anything else that needs doing that others do not know how to do. Also, our policy did not handle overlap issues such as this. W/C was addressed but not the issue of ee's exceeding the FMLA timeframe. Rest assured that it will be rectified - thanks to another responder. Thanks for your imput.
Sign In or Register to comment.