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| We have an employee who hurt himself playing basketball. He has been out almost 4 months and is on disability. We cannot wait any longer for him to return...he doesn't know when he will be able to return. We need to replace him. Is there an legal issue to which I may be unaware? And will he be eligible for Cal-Cobra? We have a group health insurance which he is on. (16 employees). Any help will be appreciated. Thank you.
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| Since your company is less than 50 employees you are not required to offer FMLA. So you are not required to hold his job (unless you made a verb agreement... that makes it tough) you will also need to ofter COBRA since he is currently on the plan
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