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Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
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Experience:  Lawyer and legal specialist.
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Employer cancelled my health insurance. Received a letter

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Employer cancelled my health insurance. Received a letter post dated 12/01/10 that it was cancelled as of end of business November 20th, 2010. At that time I was still in the hospital, pending release on November 22nd. I also was already accepted into and began an outpatient therapy program that was approved by the insurance company at the time the letter was received by me. I am now facing mounting medical bills for me and my children who were recently very ill with respiratory issues. The cancellation of my insurance has also aggravated my condition setting me back in my therapy. I am also now facing having to stop my therapy now that I no longer have the means to compensate the facility. It is my understanding, that while on a medically approved disability leave my position in my company and my benefits are to stay intact. I have (had) every intention of returning to my job upon being cleared however at this time I am concerned that they are using the cancellation of my insurance to force me to return before I am capable. I know that during my two pregnancies I retained my medical insurance while on maternity leave (temporary disability) and now I have being deprived of that.
Submitted: 3 years ago.
Category: Legal
Expert:  Allen M., Esq. replied 3 years ago.
Hello and thank you for using Just Answer. I'm an attorney with a legal career spanning 13 years and will be assisting you today.

How long have you been gone? How many employees does your employer have?
Customer: replied 3 years ago.

I was first hospitalized on October 25th my last day of work was the 21st. We have approximately 50 employees I believe.

 

Expert:  Allen M., Esq. replied 3 years ago.
Have you missed other time this year due to medical issues? If so, what is the total amount of time you've missed this year for medical?

When you say approximately 50, is it more than 50 or less? Do you know?

Edited by Jagcorps_esq on 12/26/2010 at 7:02 PM EST
Customer: replied 3 years ago.

I returned to work after a maternity leave in January. I am checking on the amount of fellow employees as we speak with an associate. There are 34 employees not including the two owners.

After my first hospitalization from October 25th to the 29th, I went to the office that Monday and was told during a meeting with both owners that they recommend that I take some time off under temporary disability and go through my treatment. I was subsequently readmitted to the crisis unit on November 10th through the 22nd.

The owners printed filled out and provided the documentation to me. I have been under medically supervised leave since and currently have not been cleared to return to work.

 

Expert:  Allen M., Esq. replied 3 years ago.
Ok. With 34 employees, that means that they are not subject to the FMLA laws that require that you receive 12 weeks of protected leave each year.

Without that protection, your employment can legally be terminated based on abscences. Just being on approved medical leave is not enough.

So, unfortunately, you really have no legal action to seek here. Your employer's actions, while not really moral, are legal.
Customer: replied 3 years ago.

I was under the understanding that I was protected on the ADA

 

Expert:  Allen M., Esq. replied 3 years ago.
I'm sorry, but that impression is not correct.

The ADA concerns the accommodation of disability at work (meaning things they can do to allow you to do your job despite how your disability may effect that). That is the entire reason that the FMLA was passed. The ADA never was meant to address time missed from work, and it does not.

So, since we are not talking about a refusal to allow reasonable accommodation on the job, but rather, absences from work, the FMLA is the law that applies.

Since the employer doesn't have 50 employees, the FMLA doesn't apply to them.

I'm very sorry, but I'd be lying to you to say differently.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 15551
Experience: Lawyer and legal specialist.
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