Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.”
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.
