Can my employer of over 7 years put me on a
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Can my employer of over 7 years put me on a
After I went out for major back surgery, my employer of over 7 years stopped my medical coverage in the middle of my recovery. How can they be allowed to do this? I had been paying for my insurance all year long. Now I’m stuck with the incredibly expensive recovery and therapy which is necessary for me to heal properly.
Asked on November 25, 2016 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you are not working and are on indefinte or extended leave, your employer is entitled to have you pay the full cost of the insurance--the employer does not need to keep paying the employer portion of the insurance for an employee who is not working and will not be back for awhile (and possibly not ever, depending on how the recovery goes). But they could not simply cancel the insurance: they had to give you the option to pay the employer share, just as if you'd been terminated, you would have had the opportunity to pay to continue your coverage under COBRA. Not allowing you the opportunity to continue your coverage appears to be what they did wrong here. Try contracting the state department of labor; they may be able to help you in this circumstance, or else direct you to a government agency which can.
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