Employment Law Questions? Ask an Employment Lawyer.
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?
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.
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.
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.