We have an employee who had a stroke. This was approx 5 months ago. Our employer is still paying for his medical insurance. How long is he obligated to do so? He is doing it in part out of niceness but a bigger part because I dont think he knows the laws. The guy came back to work for a short time and worked part time, but is out agian after major surgury. I dont believe he got paid for being here, I think it was agreed he woudl worked for the insurance.

He can't "work for the insurance" only. He must receive at least minimum wage, if nonexempt, in most cases. What type of work did he do?

How long was he out before he returned to work? How long did he work (how many hours and how many day/weeks) before he had to go out again?

Perhaps you need to read up on the FMLA.
http://www.dol.gov/esa/regs/compliance/whd/1421.htm

In any case, under the FMLA (which is unpaid leave), even if he were eligible, 12 weeks is the longest that the employer legally needs to protect his job, although they may choose to do it for longer on their own volition.

California also offers Paid Family Leave funded through the SDI program, but it does not insure job protection.

I recommend you check with your insurnace carrier. Ours for example only allows us to keep an employee on medical insurance for 3 months after they stop working. After that, they have to go on COBRA to continue medical coverage.

I know each plan is different and I know you are trying to be kind to the employee but it would be good to make sure that what you are doing meets the plan requirements.

Oh, ours requires that you be employed a minimum of 32 hours a week to have coverage.

He had worked here for about 2 years before it happened. He was out about 3 months before coming back and then came back at first half day two days a week, and then full about 3 days a week for about a month.

He was salary. It just struck me funny that his sister is acting on his behalf and commented that he needed to be get up with any insurance on the insurance he is entitled too. That made me wonder about his being "entitled" after almost 6 months.

Why are you dealing with his sister? He's your employee, not her. I really try to avoid dealing with family members unless the person is completely incapacitated.
I got stung once talking with a spouse and then found out later they were in the midst of a very acrimonious divorce.

His sister is acting for him. The stroke has left him with diminished capacity. He is " functional" but with the last surgery, she needed to be able to deal with the doctors, sign papers, become power of attorney for lack of the correct term.

He did/does computer work and is affected as normal on the left side, arm and leg, but is able to work the mouse. The last surgery, to the best of my knowledge was to on his head and to help him function better.

I have always thought that if an employee is well enough to work, he/she is well enough to fight their own battles.

I'm still confused. Is he or is he not currently working? And if he is not, how long has it been since he was working full time?

Ok, he had the stroke ( not at work) in May he was out for at least between 3-4 months, came back for approx 1 month and worked "when he could". Sometimes it was a full day, sometimes a couple hours a day, never a full week. He then had surgery again, and has been out since. Which is about a month and a half, not working at all.

the whole time health insurance has been being paid by our Co.

PS, He hasnt worked full time since May of this year

Your company is very generous to continue his health coverage for this long. Your company is not obligated to continue health benefit, most company will cut loose after the end of the 12 weeks (fmla) and issued COBRA and your company is not obligated to continue the health benefit.

Yes, the owner is being generous, but I think its more out of what people would think of him as apposed to his own by nature generosity :rolleyes:

What is the best site to see how Cobra works? Just the main Cobra site? I mean is this something that takes over his insurance for free due to disability? or does he/the family pay?

No, it's not free. Far from it. Start here.
http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html

The "main COBRA site" would be the COBRA page on the US DOL site.

http://www.dol.gov/dol/topic/health-plans/cobra.htm

COBRA is a continuation of the existing health insurance and is the law when a qualified employee of a qualified employer loses coverage for any reason except gross misconduct. It is not limited to those with disabilities.

It is not free. In fact, it is expensive. He/the family will pay the entire amount that the employer pays, plus, if the employer chooses to add it, an admininstration fee of up to 2%.

ok, got it.. thanks... guess wait and see what happens. Mainly wanted to know how long he was legally obligated.

thanks all!

BTW, I'm not sure if this is clear. Considering how much time he has missed, the employer is not only not obligated to continue the health insurance benefit any longer, he is not obligated to continue his employment any longer. At any time after the employee had missed 12 weeks, his employment could legally have been terminated. COBRA would have had to be offered.

Ok, great, thanks for the info