Is it Legal for My Employer to Cease My Medical Insurance if I Was Put on Temporary Medical Leave?

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“This is my question .. I’ve been working at a company for over 6 years. I was just put on temporary medical leave and wondering if its legal for my boss to cut off my medical insurance. I would greatly appreciate your help.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

The Family Medical Leave Act (FMLA) is a federal law that protects employees (who work in private companies that employ more than 50 employees – you can read more about the requirements here) for temporary leave (up to 12 weeks) for various reasons, including: child birth, to care for seriously ill family members, or to care for your own serious medical condition. Under FMLA, you are not entitled to pay during this time; however, it is work protected leave, which means that your employer must continue to provide you with health insurance. You can read more about the specific instances covered by FMLA at the Department of Labor’s website, here. That said, if your employer is too small to fall under the requirements of FMLA, they may be able to discontinue your healthcare benefits since many state laws do not address this issue (it is separate from worker’s compensation). You’ll have to read more about your employers benefits policy, which may state that coverage can be discontinued if you fail to meet certain employment requirements, such as number of hours worked in a given period. If you believe your employer has wrongfully terminated your health care coverage, then you should consult with a qualified attorney in your area to see about your options for how to proceed.



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Author: House Attorney

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