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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: California Employment Law
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Our employee was injured in a solo motorcycle accident on

Customer Question

“Our employee was injured in a solo motorcycle accident on a weekend (not work-related). He was in a coma for a few weeks, and now is conscious but seems semi-paralyzed, and can’t work for the foreseeable future. We provide health care insurance and contribute towards that coverage. His share of his premium is usually deducted from his paycheck. Now that he doesn’t have a paycheck coming in, are we obligated to pay his share in addition to our share? If not, who does? We’re assuming we have to keep his coverage in place for 12 weeks here in California, but what happens after that?”
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer your questions directly, it appears that your employee is now under FMLA (Family Medical Leave Act) protection and is entitled to up to 12 weeks unpaid medical leave. During that time he is responsible for his premiums, not you, so you can bill him and require him to pay the coverage if he is not actively working. You do have to offer coverage, but if he does not pay, he can be dropped from him medical coverage insurance.
Now as far as 12 weeks, the next decision is up to you as an employer. You are no longer required to keep his position, and if you believe that he is unable to perform his duties, you can legally terminate his employment without any penalty or fear of successful lawsuit. FMLA provides protection for employees if they are still able to perform their duties, and if he cannot do so anymore, you can lawfully terminate, or if you wish, extend his leave at your own discretion.
Sincerely,
Dimitry, Esq.