How long do we have to continue an employee’s health insurance when they’re absent due to a workplace injury and receiving workers’ compensation benefits?

Workers’ compensation does not protect an employee’s health benefit plan.

However, if your employee qualifies for the federal Family and Medical Leave Act (FMLA) or state leaves such as the California Family Rights Act (CFRA) or pregnancy disability leave (PDL), you can place the employee on family leave running concurrently with workers’ compensation, and that will protect the employee’s benefits for 12 weeks as long as your plan is Employee Retirement Income Security Act (ERISA) qualified.

Some employees don’t want to be placed on FMLA or CFRA, intending to use those leaves for another reason later in the year. It is the employer, however, who makes the decision and