Archive for the ‘Employees’ Category

Filing for Divorce and Group Health Insurance

Author: Michelle Montoya, MLR, SPHR

Client question:

Will filing of a divorce be enough to cancel a spouse from coverage on our Company’s health insurance plan and be offered COBRA?

Answer:

No. The qualifying event is the date of the divorce decree (or legal separation). Merely filing for divorce is not considered a qualifying event, and will not render the spouse automatically eligible for COBRA. Courts often order a spouse to be reinstated on insurance plans if dropped before final divorce decree or legal separation, at which point, back premiums will be due, and can be quite expensive.

Termination: Employee signature required?

Author: Michelle Montoya, MLR, SPHR

Client question:

When terminating an employee, am I, as an HR Professional, required to have the employee sign the termination documentation?

Answer:

No. There are instances when terminated employees do not want to sign any termination documentation, and that is their choice. An employer is required to give notices and termination documents to the employee, but not required to receive signature. Do make a note on the document that the employee refused to sign.

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