Exhausted FMLA Leave

[Guest spinky96]

I am wondering how to correctly handle employees who have exhausted their FMLA

leave and need to begin paying for their benefits. Currently, these employees are not receiving paid time so per our policy, they are required to begin paying for the full premiums for all of the benefits they were enrolled in prior to beginning their leave. Our company pays 100% of the premium for short-term disability, long-term disability and base life. Are we within guidlines to bill the employee for these benefits also, along with the full premium of the health and dental?

[Sheila K]

Spinky: We have a program for these employees...it's called COBRA! Unless we have extended an employee's leave (rare) past the 12 weeks provided by FMLA, we separate their employment at the end of the 12 weeks. Obviously, if they're going to be back at 13 weeks, we'll probably make an exception, in which case we'll continue paying the premium and then deduct it from their pay once they return.

We begin processing paperwork for long term disability after 8 weeks of leave (exception-maternity), so that all of the paperwork is in process should the employee need more than 12 weeks of time. This ensures that there is a smooth transition of pay from any short-term disability or paid leave being used.

There is no reason not to just send a letter to those folks who you are going to "carry" past the 12 weeks of FMLA and advise them that they will need to make the payments beginning on a certain date. I would send the letter at about 9-10 weeks so that they know well in advance what the expectations are. Clearly spell out the amounts due, when they are due and the consequences if you do not receive payment (are you really going to cancel their coverage, etc.)

And seriously, you are setting a precedent by keeping positions open past the 12 weeks of FMLA leave...this might be great if you are doing this for a valued employee, but you can bet that the employee you would be glad to wave goodbye to will hear about this and request the same!