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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33167
Experience:  JD, BBA, recognized by ABA for excellence.
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My husband missed 3 weeks of work due to emergency surgery.

Customer Question

my husband missed 3 weeks of work due to emergency surgery. on his return to work his employer gave him a bill for 540 dollars for their part of his medical insurance. they said he had to pay their part because he didn't work
JA: Thanks. Can you give me any more details about your issue?
Customer: employer has less than 50 employees so fmla does not apply
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome,

In which state do you reside? Was your husband in need of surgery because of an injury on the job? Was he on worker's comp while he was out?

Customer: replied 1 year ago.
we live in ky. his appendix had to be removed. he received short term disability for 2 weeks
Expert:  Tina replied 1 year ago.

I see. Unfortunately, KY's laws are generally pro-employer and do not require that employers provide health benefits at all. Therefore, if the employer's policies which have been communicated to your husband provide that the employee pays the employer's portion of the health insurance premium for periods the employee is unable to work, an employer can typically enforce such a provision under state law.

If your husband cannot afford to pay the premium all at once, I would normally approach the employer about making payments. Of if the employer's policy indicates that the employer will continue to pay the premiums while the employee is on leave, then there could be a breach of contract claim here.

Please let me know whether you need any clarification of my answer. I'm sorry it was not what you were hoping to hear.

Tina

Customer: replied 1 year ago.
does it make any difference if the parent company is in michigan
Customer: replied 1 year ago.
i know that is more than 75 miles
Expert:  Tina replied 1 year ago.

No, that would not typically make any difference unfortunately. Your husband's employment relationship would normally be governed by the laws of the state where he works unless he has a contract stating otherwise. I'm sorry.

Customer: replied 1 year ago.
thanks so much. i was afraid that was the answer i would get. just seems wrong. have a good day
Expert:  Tina replied 1 year ago.

You are very welcome. I agree with you about the state of the law and hope that more states follow the trend of providing additional legal protection for employees.

Good luck to you and your husband.

Tina