Most programs are set up to allow benefit continuance until an employee has been terminated from the benefits program. When can an employer terminate a disabled employee? Can they be sued by that employee? It is one thing to have a sick employee; it is another to have a sick former employee that is devastating the claims history year after year and holds no prospects forever returning to employment.
We recommend that all employers develop a formal policy with respect to the continuation of benefits for disabled employees, which precludes individual selection. This policy should be based on the guidelines applicable in the province in which the employee is a resident and should be clearly communicated to all staff members.