Legal Question in Employment Law in California

Re: FMLA payment beyond 12 weeks

An employer is not legally obligated to keep an employee covered by medical insurance for more than the 12 weeks (unless required under the union contract) but there is nothing to prevent the employer from doing so voluntarily. The main concern is that there be no favoritism among employees. It could set a precedent which other employees may rely upon. This could lead to a discrimination charge if granted to one employee but not another. Of course, if the employee is laid off due to his inability to return to work he will have COBRA rights to continue his insurance at his expense.

Re: FMLA payment beyond 12 weeks

Employee should have been advised of his COBRA rights if FMLA not available and no contratual right to additional benefits. If not advised, may have claim. Need more info. Don Holben 800-685-6950

Re: FMLA payment beyond 12 weeks

I would add here, to what's already been opined, that the employer in question cannot unilaterally offer more than the law mandates without negotiating it with the union you said is involved. Employers cannot offer unilateral concessions to collective bargaining units without negotiating with union representatives or it is considered an unfair labor practice.