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Health Insurance

Discussion in 'Employee Benefits, Pensions' started by duke4life3443, Sep 5, 2016.

  1. duke4life3443

    duke4life3443 Law Topic Starter Guest

    Jurisdiction:
    Texas
    I had surgery a little over 3 months ago on my knee. My job requires me to make lateral movements and be on my feet for 10-12 hours a day 5 days a week. I'm a salary non-except manager. I have developed RSD after this surgery and I'm being moved over to long term disability which is payed for by my company. I received a letter in the mail on Saturday 9/3/16 stating that my health and dental insurance was cancelled as of 8/31/16 when my FMLA was up. The letter also stated that I'm employed still but if I return and there is not a position available then I won't have a job. I'm just wondering if they can cancel my insurance without a notice and with me still technically employed according to the letter.
     
  2. army judge

    army judge Super Moderator

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    You asked and answered you question.

    Your insurance was cancelled.

    Your insurance may have been cancelled because your FMLA (12 weeks ended).

    If FMLA is over, I suspect your employer is no longer OBLIGATED to cover you.

    You might wish to discuss your options with your benefits department, or someone in the know still employed by your former employer!
     
  3. cbg

    cbg Super Moderator

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    Once your FMLA is up, your employer has no further legal obligation to continue your health insurance, regardless of your employment status. If the plan document says you have to be actively at work, then you have to be actively at work. (They may not legally cancel your insurance as long as you are on FMLA.) You will be eligible for COBRA and will be able to continue your insurance that way. I'm not saying I necessarily agree with cancelling insurance immediately after FMLA but if that's what the plan document says, it's legal. From the employer's point of view, why should they continue paying what is almost certainly several hundred (if family coverage, possibly over a thousand) dollars a month for someone who is no longer able to contribute to the company? Especially when they're providing the disability benefits?
     
    hrforme likes this.
  4. Betty3

    Betty3 Super Moderator

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    Agree with cbg. You should be receiving notification of your right to continue your insurance coverage under COBRA.
     
  5. hrforme

    hrforme Active Member

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    Agree, that they can and you need to ask for/watch for COBRA paperwork. They have quite a bit of time to send it out and then you have time to accept/decline. Since you are currently in the middle of a medical issue, COBRA is probably the way to go for a while. Then when you are better, hopefully there will be an open position and benefits would restart. Unlimited medical leave after FMLA is not a protected benefit even under ADA (especially when there is no specific return date) assuming that this would even fall under ADA.
     

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