Health insurance premiums while on workers compensation leave

bbuckwalter · March 2010

Has anyone dealt with the issue of whether an employer may require an employee who is out on workers compensation leave to continue to pay the employee's share of his/her health insurance premium? There is no express prohibition the the WCC code in Maryland, so I would think absent a statutory provision, the employee would be required to continue to pay his/her share of premium, as with other leave laws.

joannie · March 2010

In the past, our only WC cases have been eligible for FMLA, so we treat the premiums according to our FMLA policy and require the employee to pay when due. We have canceled policies due to non-payment, with proper notification, of course.

cathyb12 · March 2010

I agree with Joannie. If your company is subject to FMLA, that unpaid leave runs concurrently with Worker Comp paid leave, and FMLA allows the ER to collect the EE's portion of the insurance premium in the absence of a payroll deduction. You should also have a statement to this effect in your FMLA policy.

Still Need Coffee · March 2010

I agree as well. Our regular leave policies patterned closely after FMLA, so if your employee in question didn't qualify for FMLA, we would still collect premiums and cancel for non-payment.

NaeNae55 · March 2010

If you do not qualify for FMLA, you could probably let them drop their insurance while they are out. However, I would not recommend it. You are probably much better off if they continue to keep their health insurance.

I seem to remember that such an event would qualify for COBRA, but the law has changed so much I could be wrong. Forumites?

bbuckwalter · March 2010

Thanks for everyone's help.

crockwell · April 2010

We pay 100% of the employee portion of the health insurance premium. We are too small for FMLA, and we had a situation just like this. When the injured employee ran out of sick leave and vacation leave, we asked the health insurance company if we could continue to pay his premiums to retain his health insurance, but the answer was a definite NO. An individual who is not receiving pay from us is not employed by us, and hence not eligible for our insurance plan! Workers' Comp does not count as pay from us.

Health insurance premiums while on workers compensation leave

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