Is A Workers'' Compensation Injury A Triggering Event For Purposes Of Giving An Employee COBRA Notice Under Our Group Health Plan?

-Reduction in the number of hours worked by an employee can be a "triggering event" for terminating group health coverage.
The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to provide notice to employees of their right to continue group health coverage in certain circumstances. Generally, if the employer has 20 or more employees (counting both full and part-time employees), the requirements under COBRA apply.

Reduction in the number of hours worked by an employee can be a "triggering event" for terminating group health coverage. For example, if an employer provides health insurance coverage only for full-time employees, and the work injury reduces the employee''s hours permanently to 20 hours per week, the obligation to give them a COBRA notice may be triggered. Collective bargaining agreements and other employment policies may affect this right, and may provide an employee with greater rights to continued coverage while receiving workers'' compensation benefits. In Minnesota, the workers'' compensation statute itself does not address an employee''s right to employer-sponsored health insurance coverage.

Also, an employer should not forget obligations which may be concurrent under the Family Medical Leave Act (FMLA), which would allow the employee to maintain health insurance as if he or she were continuously employed for the 12 weeks of the FMLA leave. It would not excuse the employee''s obligations to make contributions toward premium payments if he or she would have otherwise been obligated to do so while actively employed, though.

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