Employer Provided Health Insurance - Cancellation?

Question

Can employer provided health insurance be cancelled if a doctor has put you off due to an illness for over 2 weeks?

Answer 1

I just wanted to point out that not all employers and employees are protected by FMLA requirements. (And FMLA is a federal issue through the US Dept of Labor, not something set up separately by each individual state as someone suggested above.)

Only employers who "employ over 50 employees within 75 miles of the worksite, and at least 50 of your employees work 20 or more work-weeks in the current or preceding calendar year" have to follow FMLA requirements. (Only exceptions are public agencies, which have to follow FMLA even if they don't have 50 employees) If you work for a smaller employer, FMLA doesn't apply to you.

Also, even if you work for an employer w/more than 50 employees, you have to have worked at least 1,250 hours for that employer in the past 12 months. If you start a new job, then get sick after 2 months you're not protected by FMLA under that employer.

Just wanted to clarify everyone's responses above. People often assume that FMLA applies to everyone, but that's not the case.

Answer 2

You mean the doctor told you to stay off work for over 2 weeks?

No, is the short answer.

You could be living in an "at-will" state, which means the employer could fire you at any time for any reason, but you are eligible for up to 12 weeks of unpaid leave per year for medical reasons, under the FMLA (Family Medical Leave Act).

Under the HIPPA act, you don't even have to disclose any details of the medical issue.

I'm assuming you did inform your employer of the doctor's instructions, and gave them a copy of the paperwork if they requested it? Technically under HIPPA, they would have had to have you sign a release before they were allowed to look at any detailed doctor's report.

Lastly, some employer sponsored health plans require that the employee begin to pay 100% of the premiums (assuming that normally the employer pays some or all of it) if the employee goes on a leave. 2 weeks is probably not enough time off for that to apply here, but if it is, you should have been notified by mail, and given the opportunity to pay the premium before it was cancelled.

If the company is reputatble, I would simply talk to the HR department or your boss. If they aren't reputable (then why are you there?), you may want to talk to a labor law attorney.

You can read more about your FMLA rights at the link I've provided.

Answer 3

NO!!! Most states have Family Medical Leave which allows you to be off for up to 12 weeks due to illness or serious health conditions with you or a family member. Some employees also offer short term disability that will pay you for being on leave due to illness or health conditions as well. I do know that if the illness persists for more than 12 weeks there is a chance that the health insurance may be cancelled.

Answer 4

If you're employment is terminated, absolutely.

Answer 5

ditto