Can jobs take insurance benefits from you?

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My father has worked for a farm company for many years. He went on vacation in December 2013 until march 2014. during this time he got injured and the doctor disabled him until july of this year but the doctor extended it until october.. he was called to to to work yesterday 7/24/2014 because they wanted to tell him that the insurance he had was no longer going to cover him, He does not qualify for medicare and he has a share of cost of $2400 through medical. can they take this away from him?

Attorney Answers

3
Jose Utzurrum ·
A little confusing in the fact pattern. If this is a workers compensation issue then he should be covered and can't "take that away". However, I think your father was injured in a non-employment related injury. I think that his medical insurance coverage has been exhausted(?) If the employer was providing the benefit of medical insurance or copaying the insurance premiums most companies require the employee to work twenty or more hours a week to qualify. If they don't meet the minimum standards then coverage can lapse and COBRA would kick in which the employee has to pay to comply with ObamaCare, etc.
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Neil Pedersen ·
Depending on circumstances not available in your post, the answer could go either way. First, an employer is not required to maintain medical insurance for its employees and can terminate insurance as a benefit at any time. If the company has decided to terminate providing insurance to its employees, it is allowed to do so, subject to possible penalties under the Obamacare statute. Second, if the benefit plan has a provision that says that after an employee is on leave for a certain period of time the benefits end, that provision is legal. If your husband's insurance has been cut off pursuant to such a provision, there is nothing unlawful about it. Third, if there is no provision in the benefit plan that allows for termination of insurance after a certain amount of time on leave, and the termination is done because your husband is disabled, then it might be unlawful and he should consult with an employment law attorney about a possible disability discrimination claim. Finally, an employer is not required to keep his job open forever, and at some point, if there is no reasonably foreseeable time in the future when he would be able to return, the employer is allowed to terminate him, and his insurance with him. Good luck to you and to him.
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Susan Keenberg ·
Regardless of the reason for your father's leave of absence, once he has exhausted his leave rights under federal and California law (FMLA and CFRA), the employer can stop covering him under their healthcare plan and he'll receive COBRA notices. The employer's responsibility to continue covering their share of his healthcare premiums during a workers' compensation leave of absence is to do so to the same extent they do it for employees on other types of leaves of absence.
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