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(EDITOR’S NOTE: HEALTH BENEFITS FOR EMPLOYEES ON WORKERS’

COMPENSATION DISABILITY AND OTHER LEAVES)

The California Workers’ Compensation Appeals Board (WCAB) has decided in Navarro v. A&A Farming that an employer whose personnel policy terminated benefits after a stated

period could apply the policy to persons on temporary Workers’ Comp disability. A&A

Farming obtained its coverage from the Western Growers Trust, a California licensed

MEWA, as is the PIASC, PINC and PIASD Benefit Trusts, so it is clear that the decision

applies to those firms who obtain health coverage from the PIASC, PINC or PIASD Benefit

Trusts. Firms that do not obtain their coverage from the Benefit Trust may probably rely on

the same decision, but it is less certain. If health coverage ceases under such a policy,

affected employees (in firms of two or more employees) become eligible for COBRA

extension.

Companies can choose to make employer payments for more or less time than the 12 weeks suggested in the sample language with the following exceptions: Companies covered by the

Family and Medical Leave Act must pay for at least 12 weeks, and all companies must pay

for up to 31 days for employees activated for military service. The company’s policy of

payments should be the same for all leaves the company grants so as not to be discriminatory.

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Introduction ………………………………………………………………………… 6

History of Company and Marketing Services Performed………………………….. 6

Foreword …………………………………………………………………………… 6

Your Industry ………………………………………………………………………. 7

Reference Checks……………………………………………………………………7

Background Checks and Consumer Reports….…………………………………… 7

Terms of Employment ……………………………………………………………… 8

Employee Classification ……………………………………………………………. 8

Independent Contractor, Agency Temp or Leased Personnel ………………………. 9

Employment of Relatives …………………………………………………………… 9

Non–Harassment Policy …………………………………………………………… 9

Solicitation and Distribution Rule …………………………………………………. 11

Equal Employment Policy …………………………………………………………. 11