COBRA eligibility

[Guest PamM]

I have an employer whose employee was covered under their medical plan. SHe went on medical leave and has been on LOA off and on over the past 4 years and on Workers Comp in January 2002. She has not worked since then. The employer has continued to pay her health premiums but would like to discontinue that if they can. Can the employer send her a COBRA notification after all this time? Can anyone tell me what options they have at this point?

Thanks

Pam

[KIP KRAUS]

It would seem to me that at some point the employer needs to determine whether or not they expect this employee to ever return to full time employment. If not, they need to terminate her employment and offer her COBRA.

If the employee is on WC then the employer knows what her condition is and should be able to make a decision.