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We are a Colorado employer with under 20 employees. We cover…

Customer Question
We are a Colorado...

We are a Colorado employer with under 20 employees. We cover 50% of our employees health insurance. We had an employee have a stroke 5 months ago and has not been back to work, he may never come back to work. We have continued to pay 50% of his health insurance, and he has continued to pay his 50%. How long are we required to do this for?

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

Colorado

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

Full time

Submitted: 7 months ago.Category: Legal
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Answered in 9 minutes by:
11/26/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,349
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question? I am on the phone right now; however, I can answer your question as soon as I get off in about 20 minutes.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
That's fine
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! I'll be with you soon.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience on this. Generally, you're not required to continue providing health care coverage to an employee who is no longer working for the organization. However, if you stopped paying health care coverage strictly on the basis that he was out on disability, this could be a violation of the ADA. The best way around this is to treat this individual as any other employee who is still employed with the company. This means that if you have not officially terminated his employment, then you will need to offer him the opportunity to pay for health insurance as you would any other employee. If he has been terminated, then you aren't required to offer him any health insurance at all.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

So, the short answer is that you're not required to continue to pay for his health insurance indefinitely. You should offer it to him; however, if he does not pay his 50%, then he can have his insurance cancelled just like any other employee who fails to do so. It is possible that he would not be paying for it if he is not working, but if he has another source of income that does pay for it, then you'd be required to offer it to him so long as he's still technically employed by you.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 7 months ago
If he fails to make his 50% payment then how long do we wait until we can cancel and when and how do we need to inform him?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

That may depend on your insurer's policy. I would check with them to find out how long it may take before the policy is suspended/cancelled. The company may give him time to make good on his payments, but typically they'll send him letters advising that he's in default on this payments and they may be cancelled. did you have any other questions at all?

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