Employee Benefits During Leave of Absence

Lorman Education Services

It is critical for employers to understand when and how they are required to continue employee benefits while an employee is out on leave, and when they are not required, or even permitted, to do so. The consequences of a mistake can be devastating, as it is possible that an employer could be held liable for an employee’s medical bills if an employee is mistakenly allowed to continue benefits, at a time when he or she is ineligible for those benefits.

This topic will enable individuals working in human resources and executives to understand the myriad of conflicting federal and state laws that govern the provision of employee benefits while employees are out on leave, including the FMLA, the ADA, USERRA, state paid sick leave laws, and local laws. You will benefit from practical guidance regarding what steps they can take, upon returning to the office, to best protect the company, including the possible amendments to employee benefits plans.

Learning Objectives:

• You will be able to describe when benefits are due to employees on leave.
• You will be able to explain when benefits may be cut off for employees who are on leave, and how to properly do so.
• You will be able to identify situations that could result in serious liability to the company as a result of not fully understanding how and when benefits must be paid to employees on leave.
• You will be able to review your own benefits plans to identify changes that may be made to protect the company when employees are on leaves of absence.

Faculty: Kerstin Miller, Partner, Smith & Downey, P.A.

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