COBRA letter not sent
I have an employee that has been out on WC since 4/29/99 and is on LTD. He is still on our insurance and making monthly employee contributions. We don't have a WC disability leave policy and I need to find a way to get him off our insurance. Our medical leave policy allows 90 days. He was never sent a COBRA letter, but we have allowed him to stay on the insurance for 3 years at a reduced rate. Because he was at a location that did not have more than 50 employees in a 75 miles he is not really entitled to FMLA so the fact that he was never officially put on FMLA should not matter. Could I terminate his coverage and say that we have more than compensated him for the COBRA by not making him pay full premiums? I want to be careful about this since he has an attorney for the WC issues.