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lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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I am on medical leave from employer. Last month after 5

Customer Question

I am on medical leave from employer. Last month after 5 months off, they insisted I file for disability, which I was granted. My question is , will this affect my medical insurance thru my employer? Can they drop me abs insist I get Medicare/Medicaid or the Obama Plan. I am 56 years old.
Submitted: 5 months ago.
Category: Social Security
Expert:  lev-tax replied 5 months ago.

Generally - yes - after termination of your employment - your employer may terminate your medical; insurance and all your benefits.
HOWEVER ...

the Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions amend the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to require group health plans to provide a temporary continuation of group health coverage that otherwise might be terminated.

COBRA requires continuation coverage to be offered to covered employees, their spouses, former spouses, and dependent children when group health coverage would otherwise be lost due to certain specific events. COBRA continuation coverage is often more expensive than the amount that active employees are required to pay for group health coverage, since the employer usually pays part of the cost of employees' coverage and all of that cost can be charged to individuals receiving continuation coverage.

In other words you might be required to pay COBRA premiums and electing COBRA is optional.

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Losing your job-based coverage is also a special enrollment event in the Health Insurance Marketplace (Marketplace). The Marketplace offers "one-stop shopping" to find and compare private health insurance options. In the Marketplace, you could be eligible for a tax credit that lowers your monthly premiums and cost-sharing reductions (amounts that lower your out-of-pocket costs for deductibles, coinsurance and copayments), and you can see what your premium, deductibles, and out-of-pocket costs will be before you make a decision to enroll.

Customer: replied 5 months ago.
I am still employed, I am on medical leave. My SS will stop after I return to work. To clarify my question, can my employer stop my company paid insurance while I am still employed and on medical leave?
Expert:  lev-tax replied 5 months ago.

As long as you are considered employed - your employer may NOT terminate your health insurance.

You may be on paid or unpaid leave - and still considered employed with insurance coverage.

Customer: replied 5 months ago.
Ok, ty
Expert:  lev-tax replied 5 months ago.

If you are on unpaid leave - you might be required to pay your portion of premium (that is normally withheld from wages) - so be sure your portion is paid.
But your employer will pay their portion as long as you are legally employed.

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