Question: I have an employee who has been off work with a workers compensation injury for six months. What is my obligation to continue to keep this employee on the company health insurance plan?
Answer: An employee who is on medical leave due to a work-related injury may or may not be entitled to health insurance continuation on the same terms as if the employee continued to work.
If your employee qualifies for leave under the federal Family and Medical Leave Act or the California Family Rights Act, you will designate the first 12 weeks of the employee’s leave based on the work-related injury as FMLA and/or CFRA. Employees who are on FMLA or CFRA leave are entitled to health insurance benefits for 12 weeks on the same terms and conditions as if the employee continued to work. After FMLA and/or CFRA expires, the employer must engage in the interactive process with the employee to determine if additional leave is a reasonable accommodation. Under California’s Fair Employment and Housing Act, medical disability leave is a reasonable accommodation as long as additional leave is likely to enable the employee to return to work, and the leave does not cause undue hardship for the employer. Also, if your injured employee is pregnant, the employee will likely be eligible for up to 4 months of pregnancy disability leave and an additional three months of CFRA leave for baby bonding. In that case, the employee’s company provided health insurance benefits could continue for up to...
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