What is proper procedure for employer trying to protect long term empl

[Guest robkt]

My client in New York state, has 20 year employee that had heart attack at end of December. In hospital until begining of March, left state for rehab in Michigan - to date. I suggested they use up vacation and sicktime then implement the FMLA for 12 weeks then go on COBRA. Also, health plans are contributory. No payments have been made since last paycheck in February. Please advise - quickly. robkt

[Guest nac]

FMLA should have been concurrent with the initial period of disability, not only being invoked when the individual exhausts paid time.

FMLA needs to be started asap to protect the employer.

Absent any employer policies about paying vacation time on a leave of absence, the employer may have to get the ee's permission to pay out vacation time. The er has the right to withhold contributions from that pay.

Under FMLA, I believe it's the employer's responsibility to continue health insurance at contrib rates while there is pay and then may go to full premium thereafter. You can't COBRA off an ee during a job protected leave unless they elect to drop coverage.

I'd recommend that you have the ee exhaust available paid time (with his permission on vacation, if necessary) and then apply for an extended medical leave of absence once FMLA is satisfied. At that point he can be COBRA'd off. There's no guarantee of re-employment unless it's built into the LOA agreement, but from what you've stated, it sounds like he may not ever come back.

[Guest nac]

FMLA should have been concurrent with the initial period of disability, not only being invoked when the individual exhausts paid time.

FMLA needs to be started asap to protect the employer.

Absent any employer policies about paying vacation time on a leave of absence, the employer may have to get the ee's permission to pay out vacation time. The er has the right to withhold contributions from that pay.

Under FMLA, I believe it's the employer's responsibility to continue health insurance at contrib rates while there is pay and then may go to full premium thereafter. You can't COBRA off an ee during a job protected leave unless they elect to drop coverage.

I'd recommend that you have the ee exhaust available paid time (with his permission on vacation, if necessary) and then apply for an extended medical leave of absence once FMLA is satisfied. At that point he can be COBRA'd off. There's no guarantee of re-employment unless it's built into the LOA agreement, but from what you've stated, it sounds like he may not ever come back.