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rhardberger

Employee co-pays and workers compensation - in CA

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I'm in California. We have an employee who is out on worker's compensation and is not paying their portion of the health care costs while out on worker's comp. She has said she is unable to pay and will not pay the employee portion of the premium while out. Can we put her on COBRA for failure to pay or will that be considered a potential 132(a) violation?

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I'm not sure what you mean when you refer to "the employee portion of the premium." What premium? The employee has no obligation to pay any portion of the premium for the employer's workers' compensation coverage. I'm also not sure what "put her on COBRA" means in this context.

As far as Labor Code Section 132a (not "132(a)," which would be a different thing, but there is no Section 132(a)), you can read it here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=110-139.6.

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their share of the health insurance premium, not the workers comp premium. The are enrolled in our health plan and must pay about $30 per check to stay enrolled. the employee is not sending in this money while she is off work and it has been probably 5 months that she has not worked meaning that she owes the company about $300

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Guest FindLaw_Amir

This is a matter you may wish to consult with a local California Insurance Lawyer for clarification. Insurance law lawyers assist in cases involving coverage, claims, and contracts related to health insurance, homeowners' insurance, and automobile insurance.

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