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Full Version: Adding Spouse While Employee is on WC Leave of Absence
BenefitsLink Message Boards > Health & Welfare Plans > Health Plans in General, Including COBRA and HIPAA
Christine Roberts
An employee of "Company A" who is on extended workers compensation leave is paying his portion of group health insurance with after tax money. Company A is continuing to subsidize its portion of coverage.
Employee's spouse has lost job with Company B and employee wants to add her as a dependent to his plan, in lieu of her selecting COBRA with Company B.
Can Company A require its employee to pay the full portion of dependent coverage for his spouse (no employer subsidy)? I am presuming there is no way to force the spouse to elect COBRA coverage.
KIP KRAUS
Christine;
The first thing is that the spouse has a qualifying event, because group coverage was lost.
Assuming that the employer is treating other dependents similarly, I see no reason why the employee can’t be forced to pay the full dependent premium.

Having said that, however, the employer may have a written policy regarding medical coverage while on Workers’ Comp., if so, it may be different than the policy for active employees.

What is the employer’s policy?
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