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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I have a employee out on worker comp. He has been out for

Resolved Question:

I have a employee out on worker comp.
He has been out for 4 months
He will be out for another 4 to 12 month+
I dont think he will return to work after he is released.
I also supply him his personal health insurance at no cost to him.

1. How long do I have to keep paying for his health insurance?
2. To cancel his personal health insurance the employee has to be terminated. Which could cause a wrongful termination suit. How do I avoid this possible outcome?

I plan on hireing only temporary emloyees and not terminating him. But I am most conserd with a way out of paying his health insurance indefinitly.

XXXXX XXXXX (NNN) NNN-NNNN
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer. I'm sorry to hear about your situation and hope I can help.

Unfortunately, you do have to pay for the employee's health insurance while he is a current employee.

The only way to no longer pay for his health insurance, would for him to be terminated.

However, despite the employee being out on workers' compensation, you can terminate the employee as long as he is unable to perform the essential functions of the job with a reasonable accomodation, which would be a sufficient defense to any potential wrongful death lawsuit that he could file against you.

Unfortunately, if you were to continue to employee him and hire temporary employees to fill his spot, you would likely be required to continue his health insurance, since failure to do so could potentially be seen as retaliation for him filing a workers' compensation claim or discrimination against him on the basis of his disability.

Expert:  Joseph replied 1 year ago.
Hello Ken,

Please remember to rate my answer positively so I get credit for my work.

Or, please feel free to ask me any follow up questions you have here.
Joseph, Lawyer
Satisfied Customers: 5134
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

So to cancel his insurance I would need to terminate him.


But since he is on workers comp he could file a wrongful termination.


 


How long of a period will I need to wait or what is the criteria of when I can terminate him. Without the chance of filing a wrongful termination claim? It seems I should not have to pay indefinitely.


 


I have a small business and this payment is taxing. Also according to the workers comp rep. he could be out for a year plus..


 


 


 


 


Thanks Ken


 


 

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