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Employer Responsiblity for an Employee on Medical Leave

by livelyinsurance, Window Shopper

  • Created: July 2, 2009, 12:56 pm
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2 comments

If an employer has an employee on medical leave, what time limit should the employer give the employee to make payments?

 

An employer allowed and employee to maintain benefits (including health insurance) despite the fact that employee had not worked the minimum number of hours, and wa not eliglible for FMLA. The agreement was the employee would pay their employee share of their health insurance (ten percent), payment would have to be submitted by a certain deadline. That deadline has passed. What is the employers responsiblity? How long should the employer give the employee to make payments?

 

Thanks

Tags: Discuss Popular Topics, Other Business Issues
‹ Re: Webinar: Accepting Credit Cards In Your Business 7/9/09 2 PM ET Federal law on minimum payroll ›

CharlotteW | Former Moderator | 7/7/2009 - 10:43 am

Thank you for posting your question. I believe you will find the answers to your questions on the Department of Labor's Employee Standards Division website. Specifically, the page on the Family and Medical Leave Act. I hope this helps!

advisor | Performer | 7/8/2009 - 9:28 pm

Charlotte's reference to the Rights and Responsibilities under FMLA (WH381) should prove helpful if you used the FMLA as a model. Your post omitted a few specifics, so this response is based on assumptions you should test: When leave was granted, the employee should have received a letter outlining the conditions of leave and ramifications of non-payment for benefits based on your company culture (i.e. grace period of x days/weeks; discontinuance of non-regulated benefits after _______ based on your company policy; repayment in x installments upon return to work; conversion to COBRA or mini-COBRA in the case of health insurance after_____; legal recovery of funds in the event the employee fails to return to work). If this letter was not provided, you may still send it, recounting the discussion, indicating the ramifications and your intent to follow through on (or by) a specific date, and allowing the employee to contact youto make restitution. You will want your employment attorney to review it for state legal requirements.Your responsibilities will be based onstate law (if one applies---andmost states---and the federal govt---only regulate health insurance and its components when health insurance is provided. Your other responsibility is a moral and business one. As such, keep in mind that if you have no policy or practice currently in place, the decisions you make based on the abovebecome practice or could beimplemented as policy, based on your business and human resource need.
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