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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I own a small business (12 employees) in California. Four

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I own a small business (12 employees) in California. Four months ago one of my full-time receptionists had a sudden onset of health problems that has prevented her from working since. She is on state disability, and has no idea when she will be able to return to work. The remaining staff (4) that share her position are strained to cover her shifts on an infinite basis. She continues to receive medical and dental coverage through our business plan. Can I drop her from the plan since she hasn't worked in 4 months? Can I make her pay her own premiums to remain on the health plan? Can I move to find a replacement?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Yes, you can do all of the above.

Since you only have 12 employees and since your employee is only on state disability and not any form of protected leave, you are under no obligation to keep health insurance for her and can drop her from the plan or require that she pay her own premiums if she wishes to remain on the health plan.

You can also move to find a replacement, since you are under no legal obligation to keep your employee's position open while she is on state disability, or to return her to work when she is able to return to work.

Such requirements only apply to employers with 50 or more employees who are covered by the Family Medical Leave Act.

Since my goal is to provide you with the best service today, please don’t hesitate to ask me any follow up questions you may have.

If you don’t have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you for your input. I appreciate your advice more than you know. I may choose to enroll in the monthly program for additional input. Is there a way I can always talk to you specifically?

Hello Rick,

Thank you for your positive rating of my service and generous bonus!

Yes, there is a way you can contact me on JustAnswer with any further questions. I would be very happy to help with your legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

When you receive your Customer Satisfaction Survey from JustAnswer, please rate me highly (9-10)! High customer satisfaction scores ensure that I will continue to provide you and other customers with excellent service and they are greatly appreciated!

Thanks again and best of luck!

Have a great 4th!

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