Does the "Extension" of Leave Following Expiration of FMLA P

[Guest McElroy]

An Employee is on an FMLA leave. Her 12 weeks are just about up. The Employer wants to "extend" her leave for an additional two months. The Employee will continue to be covered under the Company's medical plan. Does the Company need to provide her with a COBRA notice now when FMLA leave would normally be up or can the Company wait until the Employee will lose medical coverage under her "extended" FMLA leave? I'm guessing that the Company could wait. Any thoughts? Thanks. Ed

[Linda]

This can be handled either way. If you give the notice now, she will get get 18 months from the end of the FMLA leave -- 2 months paid by the company and 16 more months at her expense. If you wait to give notice, she will get 20 months from the end of the FMLA leave -- 2 months paid by the company and 18 more months at her expense. You probably want to establish a policy and make sure your insurer/stop-loss carrier is on board.