Can ER term health insurance benis to EE out on work comp who refuses

[Guest Callan]

Can an employer in SC terminate the health insurance under it s welfare plan to an employee who is currently out on a workers' comp claim and who refuses to pay his share of the insurance premium? Where do I start the research? Any cites? Are there any special rules in SC for this?

[mroberts]

Why wouldn't he be able to terminate health insurance? If the employee is refusing to pay his or her share of the premium, then the employee has in effect canceled his or her health insurance. Just because the employee is out on worker's comp doesn't afford him or her any greater rights than an active employee.

Of course, if there is some verbage in some contract that was signed between the employee or the employer that would override the previous statement then that would be the determination. However, assuming normal employment, this employee should be termed.

[Sandra Pearce]

If the company is large enough and the employee qualifies for Family Medical Leave (FMLA) then the employer should have notified the employee of the need to pay the employee portion of the premium while out and the employer is obligated to give the employee a 15 day notice prior to terminating coverage for non-payment. Under the provisions of FMLA you cannot terminate coverage retroactively unless the employer has an established policy regarding other forms of unpaid leave that allow the employer to terminate coverage retroactively to the date premium was due; however, the employee must still be given the 15 day notice.