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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5035
Experience:  Extensive experience representing employees and management
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Im a small business owner in California and have an employee

Customer Question

I'm a small business owner in California and have an employee who has been on disability since November 2012. I have been paying his health insurance in full during that time. He recently filed a workers comp claim and then instead of co-operating with the insurace company, hired an attorney. I am not looking to terminate him, however I don't feel I should have to continue to pay his insurance. Can I cancel his insurance and allow him to go through Cobra?
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.

My goal is to provide you with excellent service today.

It's sad when an employee repays your kindness with hostility by hiring an attorney instead of dealing with the insurance company, when you've been so good to cover his health insurance since November 2012.

That said, you don't have any obligation to pay for his health insurance while he is on disability and/or workers' compensation. (Any legal obligation to do so only comes from the Family Medical Leave Act, and you are likely too small of an employer that that would be an issue. It only covers employers with 50 or more employees. And then only provides for 3 months of protected leave, where you'd be obligated to maintain health insurance at the same levels while he or she was employed).

You are free to terminate his health insurance immediately and have him pay his premiums through COBRA from now on.

I hope the above information is helpful.

Please let me know if you have any follow up or clarifying questions.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5035
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello John,

Hello ,

Thank you for your positive rating of my service and the generous bonus! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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