Legal Question in Workers Comp in California

cobra and work comp

I have an employee whio is currently off of work due to a work related injury. SHe has group health with us but has been off beyond the FMLA period. We have paid her premiums thus far but I now want to offer her Cobra until she retuens to work, if she returns to work. Can I do that?

Asked on 11/25/08, 5:54 pm

1 Answer from Attorneys

Samuel Salazar Law Offices of Samuel L. Salazar

Re: cobra and work comp

It sounds as though you are trying to help yor employee while she is out on disability. I commend you for that. However, under the law you do not have to offer her COBRA unless she is terminated and I do not think you want her to think she is terminated. I would suggest you extned her FMLA or you could just voluntarily continue to pay her premiums for her. If you cut her off of her health insurance, she may assume she is terminated or being discriminated against which could cause her to file another type of claim. She may not be successful in such a claim, but who needs the aggravation.

If you have any questions, you can call my office directly.

Thank you for your inquiry

Law Offices of Samuel L. Salazar

617 W. 7th St. Suite 402

Los Angeles, CA 90017 213.623.0900

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Answered on 12/06/08, 7:33 am

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