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I have an employee who s been out for the last four months…

Customer Question
I have an employee...

I have an employee who s been out for the last four months for back surgery. It was supposed to be 6-8 weeks but her doctor extended her disability. At this point I can't stay any longer for her to come back and o have to fill the position. I ve been paying her half the cost of her health insurance. Just wanted to make sure that I m not doing any discrimination act while she s away if I cancel her coverage as of Oct 1st?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Southern california

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

She worked for me full time for 13 months

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That s it

Submitted: 9 months ago.Category: Employment Law
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Answered in 1 minute by:
9/12/2017
Employment Lawyer: Ray, Employment lawyer replied 9 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 47,595
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 9 months ago

Let me verify this was not a workers comp injury here,thanks.

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Customer reply replied 9 months ago
No. It wasn't. She had back issu fir years and she decided to get it fixed
Employment Lawyer: Ray, Employment lawyer replied 9 months ago

Assuming it was not comp then you are free to terminate her as at will employee and fill the job.I would go on and notify her that as of Oct. 1, 2017 you would not pay her premiums.She may qualify for COBRA and you give her information about that but she has to pay the full premiums if she elects it.But you can terminate her and quit paying here as of Oct. 1, 2017 and she decides on COBRA election.No discrimination here. to do so.

I appreciate the chance to help you today.Thanks.

If you can psotive rate 5 stars it is much appreciated.

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Employment Lawyer: Ray, Employment lawyer replied 9 months ago
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Customer reply replied 9 months ago
Ok! Thank you
Employment Lawyer: Ray, Employment lawyer replied 9 months ago

Have a great day thanks for rating 5 stars at top of page.

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