California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

Under non-paid suspension from employment does the employee

lose health insurance benefits (since...
Under non-paid suspension from employment does the employee lose health insurance benefits (since the premiums are being taken out of wages)? If yes, then can the employee request to pay the insurance premiums out of pocket until the suspension is cleared up? How can the employee be assured that health insurance will continue while suspended?
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 9 minutes by:
7/12/2013
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
Verified

Good afternoon Katherine,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under an unpaid suspension, it is up to the employer whether the health benefits will be continued. The law does not require the benefits to be provided to an employee who is not being paid wages. It is important to speak with the HR office, or your employer about their policy.

Some employers will allow you to continue to pay your medical premium. Other will not and in that case, you immediately become eligible for COBRA benefits, so long as your employer has at least 20 employees.

However, employers have up to 30 days after suspension to notify the COBRA administrator and the administrator has 114 days to send you notice of your qualification. You will have to pay for the COBRA benefits but they will be retroactive to the date you are suspended or terminated, as the case might be.

If you need to see a doctor, just go as usual and submit your medical card. Either your employer's health coverage will pick up the bill, or your COGRA coverage will pay it retroactively once you get signed up and have paid the premiums. COBRA coverage will be with the same health insurance company and you will continue to have the exact same benefits.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
Verified
LawTalk and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thank you Doug for this information. This is very helpful and helps me plan my next steps.


 


I assume that by law the employer is required to inform COBRA and to inform me. I just want to be sure that I am not left without health insurance coverage during this time.


 

Good afternoon Katherine,

Under COBRA regulations, the employer is legally required to notify the health plan administrator within 30 days of the termination of your health coverage by the employer. If the employer does not do that, then your time to determine whether to accept COBRA is extended. Most employers report the loss of health coverage within a week as part of the company's process of closing the records on an employee.

The employer does not need to inform you. That must be done by the plan administrator within 14 days of hearing from the employer. The only way you could be left without health insurance is if you decline to accept COBRA when it is offered to you.

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug

Ask Your Own California Employment Law Question
Thank you for your positive rating of my service, Katherine. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
Ask Your Own California Employment Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
37,855 Satisfied Customers
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

37,855 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I was forced to go back to work without being released from
Hello I was forced to go back to work without being released from my doctor in order to keep my employment. Now after two months of being at work my doctor took me off on disability again and … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,092 satisfied customers
I am currently on short term disability due to Adjustment
Hi, i am currently on short term disability due to Adjustment due to bullying by my supervisor. Can he put me on pip when i go back ? … read more
John
John
Attorney
Doctoral Degree
5,768 satisfied customers
My former employer is witholding my final check until I mail
my former employer is witholding my final check until I mail him back the key. is that legal? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
I used to work with a company as independent contractor in
Hello, I used to work with a company as independent contractor in sales, commission based only. there was no contract since I had been working with them 9 years. i used to get paid 20% of the sales my… read more
socrateaser
socrateaser
1,031 satisfied customers
I have applied for disability, my boss wants to give me my
I have applied for disability, my boss wants to give me my vacation and some commission I have coming do I have to report the disability insurance? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need to speak via phone phone please to a california
please, i need to speak via phone phone please to a california employment lawyer regarding a termination that is taking place any time now please … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,441 satisfied customers
I am looking to ask a termination question to a california
good morning, i am looking to ask a termination question to a california employment lawyer (from the employers perspective) please. Do you have a California employment lawyer who can assist please?… read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I'm a 1099 employee in california, am i required to give two
i'm a 1099 employee in california, am i required to give two weeks notice … read more
socrateaser
socrateaser
1,031 satisfied customers
I was verbally suspended from work yesterday, for a term of
I was verbally suspended from work yesterday, for a term of one week. I was also told that I would be on probation when I come back, and that I need to take sensitivity and anger management course. I … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a employee that it on salary, they was out for a week
i have a employee that it on salary, they was out for a week due to being sick. Do i still have to pay them a full week salary or just the three day. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Just looking for advice on best exit out of a company their
Hi there, just looking for advice on best exit out of a company their retention bonus is too far out … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,441 satisfied customers
An investigative consumer reporting agency (ICRA) performing
An investigative consumer reporting agency (ICRA) performing a background check for a California (Los Angeles) employer located a misdemeanor record from March 2017 that resulted in a deferred prosecu… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer changed my work schedule less than 2 days prior.
My employer changed my work schedule less than 2 days prior. Now im facing and no call-no show. Is that legal for the employer to that? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY EMAIL ON THAT DAY. ON APPROX 10/10/2017 MONIES WERE SENT TO MY BANK. I HAD TO EMAIL THE EMPLOYER BEFORE ACTION WAS TAKEN. AMOUNT $5000 ISH, 4 WE… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,462 satisfied customers
I was sent home on paid leave almost 8 weeks ago, for no
I was sent home on paid leave almost 8 weeks ago, for no reason (is what I was told). They needed to do some investigating on the issue- what issue? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was arrested with domestic violence and I asked my
I was arrested with domestic violence and I asked my criminal lawyer that the police arrested me by mistake. Now I worried about my arrest record will affect my job application … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I recently terminated an employee whom admitted to stealing
I recently terminated an employee whom admitted to stealing money from a customer that left his wallet in the car. The employee worked for us for roughly 10 years and as you can imagine was not happy … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
Thank you for your counsel on our employee problem., my son,
Thank you for your counsel on our employee problem. Josh, my son, has been asking the questions so far. Having read the conversation threads, I would assume that you must have a rather negative view o… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x