Premium liability for disabled employee who has been employed less tha

[Guest Barbara Montesi]

I was wondering if someone would be able to offer some insight into the following situation. I was contacted by a friend and am trying to assist with a situation.

There is an employee who has been working at the employer for less than a year. This employee has been diagnosed with a life-threatening illness. At this time he is out of work, collecting short term disability and hospitalized, which will be for approximately a 3 month stay - but hopefully should return to work in 6 - 9 months.

The question is how should the premium for the medical coverage continue. Due to the fact that FMLA will not apply (he has not been employed for a full year at time of disability) and under that legislation it states that the employer continues coverage as if still active - this way the employee would only have to pay the contribution level he would have been responsible if actively at work. How does it work when you are not covered by the FMLA legislation?

Also, with ADA is there any legislation/provision that would cover this member to assist with the premium payments?

Your prompt attention to this urgent request will be greatly appreciated.