RTW After FMLA Expired plus Ins Premiums

[jhhorn3]

What is the name of your state (only U.S. law)? Illinois

Hi,

My husband went out on an approved FMLA case for a serious personal medical condition. His FMLA expired on 6/24 and still does not have a release to RTW. He sees his doctor in July. Can his company make him pay insurance premiums even though his FMLA expired and they have moved him to COBRA if he does not return to work? He was told he cannot apply for insurance again until open enrollment. He was not on STD, because his company does not offer it. They do not offer LTD until an employee has been out for more then 6 months.
We are in the process of moving so we don't care if he returns, we just don't want to have to pay the company's premiums.

Thanks ahead of time for the responses.

 

[ecmst12]

If he wants to keep the insurance, he will have to pay for Cobra. The company is not required to pay their portion of the premium after FMLA is exhausted. I am guessing it is still cheaper then paying the bills out of pocket.

 

[swalsh411]

So you believe this company should be on the hook for the majority of health insurance costs for an employee who has exhausted his FMLA and will moving out of the area?

 

[jhhorn3]

Swalsh411

Good point. I agree with you. Being in HR, at my previous employer when someone did not return, we did not go back and charge them. Getting a new job while he was off, made me concern about this so I started researching it. I am getting mixed reviews so decided to ask a forum. My safest bet is have him go make a effort to go back and then put in his 2 weeks notice.
Thanks.

 

[cbg]

For clarification: If his FMLA has expired and he is medically unable to work, the employer can charge him the full insurance cost/put him on COBRA on a GO FORWARD basis, assuming that there is provision for that change in the plan document.

An employee who VOLUNTARILY does not return from FMLA can be charged for insurance premiums retroactively to the beginning of the leave, but not when they are MEDICALLY unable to return when FMLA expires.