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Leave of Absence - Help!
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Leave of Absence - Help!
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have an employee who will be taking a leave of absence from work for four months to finish up her degree. She will be coming back in January and resume working for us. I have offered her continuatio
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Leave of Absence - Help!

posted at 7/26/1999 9:56 PM EDT
Posts: 10
First: 7/26/1999
Last: 4/4/2002
I have an employee who will be taking a leave of absence from work for four months to finish up her degree. She will be coming back in January and resume working for us. I have offered her continuation of her medical benefits, providing that she send a monthly check to us, which she has agreed to do, gladly. BUT, we also provide, free of charge to all employees, life insurance and short term disability and long-term disability. These I will not be continuing because it requires that the employee be a "salaried employee" to receive these benefits. Is this legal? Should I be offering her COBRA instead of letting her pay for her medical benefits also? I could use a little help?

Thanks in advance,
Donna

Leave of Absence - Help!

posted at 7/27/1999 10:06 PM EDT
Posts: 267
First: 6/29/1999
Last: 4/13/2010
Check with your state laws regarding what must be offered under COBRA continuation. In my state (MN) you have to offer life insurance under COBRA, however most do not require it.

Typically, most disability policies require that an employee be 'active at work' to qualify for benefits, which this person would not qualify for. I am not aware of any state that requires COBRA continuation for disability, but again, you'll need to check on that.

Minus any state laws that require you to offer these plan under COBRA, you merely cancel them for the duration of the leave, and reinstate upon their return.

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