Legal Question in Medical Leave in Washington

Re: FMLA medical benefits

You want to get in writing that the employee does not intend to return to her job after the birth of her child. IF she is definitely not returning, and IF it is your company's usual practice to terminate benefits at the end of the month in which an employee gives notice of quitting you can cancel her benefits. HOWEVER, if your company is more than 20 employees you will have to offer her COBRA continuing medical coverage. COBRA does not require you to pay her premiums, but you do have to provide her with the appropriate paperwork to elect to pay the premiums herself and stay on the company's insurance for up to 18 months. Given the state and federal laws that apply here, you want to be absolutely certain that you are not treating her differently than any other employee, injured or disabled or otherwise.