Am I legally obligated to keep an employee who’s been out on disability for 3 months and also can I cancel his medical insurance he isn’t paying?

In california am I legally obligated to keep an employee job open when he’s been out on disability for 3 months? Also, he isn’t paying his medical premiums. I’ve been paying company portion and his, can I cancel his benefits?

Asked on June 30, 2009 under Employment Labor Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Ultimately, you should sit down with a lawyer in your state to review your individual agreement with this employee, whether he or she is under contract, why you plan on letting him or her go, etc. There are provisions concerning this three month threshold but there are also exceptions. 

California is an at will state but you cannot fire for discriminatory purposes, which may include illness up to a certain length. Is there also a possible workers' comp claim?  Try and check his or her disciplinary record at under attorney search. 

Check the following, as well:

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