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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I am an employer. Have 2 employees on worker comp for over

Customer Question

I am an employer. Have 2 employees on worker comp for over a year plus. Do I need to continue to keep them on our group medical plan?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

You are not typically required to continue group health benefits if the employees are out of work more than 12 weeks, which is the period of time the employees are protected under the FMLA, which does require that benefits be continued.

Unless you have a stated policy of continuing benefits for employees who are on leave but who were not injured on the job for more than 12 weeks, you would normally not be compelled to continue such benefits, but may provide the employees with a notice of termination of such benefits and a COBRA notice permitting them to elect COBRA continuing coverage.

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Customer: replied 5 years ago.

The employee stated he was injured on the job & has been covered under our workers comp carrier.


I am not clear on how the FMLV Act is related to this.

Expert:  Tina replied 5 years ago.
The FMLA statute is applicable to you only if you have 50 or more employees. If you do not, then you would not typically be required to provide such leave to employees or continue their group medical coverage longer than set out in your policies.

Customer: replied 5 years ago.
Where can I obtain documentation to substantiate this information/answer you have furnished?
Expert:  Tina replied 5 years ago.
There is not a provision requiring the continuation of benefits, so I cannot provide that to you.

While you cannot discriminate or retaliate against employees for filing a workers comp claim, if you have a policy that applies consistently to all employees, that should prevent any such claims under state or federal law.

Customer: replied 5 years ago.
Just was hoping there would be something legal written to substantiate this information in case the employee comes back on the corporation.
Expert:  Tina replied 5 years ago.
You may wish to contact the state Dept. of Industrial Relations for confirmation. They have something they could provide you.

Here is a link to their website:

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