Can I offer FMLA leave to my staff if I have less than 50 employees
You can, but I caution you to be very careful. Let’s say an employee comes to you and has just been diagnosed with a serious health condition. The employee will need to take time away from work for treatments, medical appointments and recovery. The employee is currently on your health insurance plan and has exhausted all of their paid leave; you have a very difficult decision to make.
If the employer issues FMLA paperwork, the employer is essentially protecting the employee’s job and benefits for 12 weeks. The potential downfall is that the insurance carrier could deny the employee’s claim and refuse to pay the medical bills because the employee is “not actively at work.” In this scenario, the employer could then be responsible for the employee’s medical bills.
If an employee has exhausted all of their time off and does not qualify for FMLA, this is the time to issue COBRA paperwork. The employee has had a qualifying event and will have the option of continuing their health insurance. This will protect the employee and the employer.
If you have questions on this topic, or anything else compliance related please contact us via live chat or phone at 877-352-2121.
