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Susan Roberts
Susan Roberts, Judge, retired
Category: Legal
Satisfied Customers: 716
Experience:  Licensed to practice law for 30 years. Retired state trial judge. Civil and Criminal experience.
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Can my employer stop paying health insurance premiums if I ...

Resolved Question:

Can my employer stop paying health insurance premiums if I am too sick to work?
Submitted: 7 years ago.
Category: Legal
Expert:  Susan Roberts replied 7 years ago.

Hello and welcome:

If you are too sick to work, will you or have you been terminated from your job?

SR

Customer: replied 7 years ago.
Reply to XXXXX XXXXX's Post: I have not been terminated. Please see the additional information which I posted about mt current situation.
Customer: replied 7 years ago.
Did you receive my follow up?
Expert:  Susan Roberts replied 7 years ago.

Thank you for the additional information. If you have to go on disability because you are unable to work, your employer is not required to pay for health insurance. The employer can make the same coverage available to you (Cobra) at cost and for no longer than 18 months.

I am sure that is not the answer you hoped for, but it is the situation.

XXXXX XXXXX

Customer: replied 7 years ago.
Reply to XXXXX XXXXX's Post: What happens at the end of 18 months?
Expert:  4ren6 replied 7 years ago.
May I ask if your still employeed with them or have you been terminated. Did you pay insurance premiums. How many employees are there in the company. May I ask your illness.
Customer: replied 7 years ago.
Reply to 4ren6's Post: I am still "employed" but I am no longer being paid. My employer paid me until I used up my vacation days. The compaqny previously paid for the health benefits in full. There are two employees in the company. My illness is a horseshoe shaped fistula above the rectum caused by a deep seated abcess. The original operation was July 2. The infection did not clear up. This may require another follow up surgery. Thank you for your help.
Expert:  Susan Roberts replied 7 years ago.

Hello--

As long as you are still employed, your insurance should still be paid and you can request short term disability. IT sounds as if your employer is considering that which is why you need a note from your doctor.

If you do not get the short term disability, I suggest you consult with an attorney as you might be terminated for illness, which is discriminatory.

The Brooklyn Bar Association has a lawyer referral service which will give you the names of several lawyers who specialize in employment law. An initial consultation is generally free.

The Brooklyn Bar Association

The Lawyer Referral Service is a not-for-profit public service of the Brooklyn Bar Association. Telephone:(NNN) NNN-NNNN...
www.brooklynbar.org/lawrefsv.asp

Bestof luck,

XXXXX XXXXX

 

Customer: replied 7 years ago.
Reply to XXXXX XXXXX's Post: I am a little confused. You say that as long as I am still employed my insurance should still be paid. Earlier, you said that if I had to go on disability the employer is not required to pay for health coverage but that I would have to pay for Cobra. Which is the case? I apologize for my misunderstanding and appreciate your patience. Once again, thank you very much for your help.
Expert:  Susan Roberts replied 7 years ago.

Hello--

Your employer may pay for health insurance while you are on short term disability. Health insurance through the employer (using the Cobra coverage) is probably your best bet if he does not pay it. Employers are not required to offer health insurance. It is a benefit as is short term disability. One of the problems, like you need more problems, is that your employer has so few employees a lot of laws, state and federal, do not apply. It sounds like he is a decent guy so far.

Best of luck,

XXXXX XXXXX

Susan Roberts, Judge, retired
Category: Legal
Satisfied Customers: 716
Experience: Licensed to practice law for 30 years. Retired state trial judge. Civil and Criminal experience.
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Susan Roberts
Susan Roberts
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Licensed to practice law for 30 years. Retired state trial judge. Civil and Criminal experience.