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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5557
Experience:  Exclusively practice labor and employment law.
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I have worked for CVS Pharmacy for 20 years. I hold the

Customer Question

I have worked for CVS Pharmacy for 20 years. I hold the position of store manager. I am currently on workers comp due to hurting my back at work. I have been off for a little over 6 months. I was notified by my human resource person that the time off is considered a leave of absence and that I have lost my health insurance . Can they terminate my insurance?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: full time salary
Submitted: 8 months ago.
Category: Employment Law
Expert:  John replied 8 months ago.

After 12 weeks of leave, regardless of your workers comp status, the employer can terminate your insurance. Likewise, they could terminate your employment. This is because the Family and Medical Leave Act is the only law that protects you on leave and it only guarantees health insurance for 12 weeks and holding your job for this same period while on leave. Workers comp does not guarantee your health benefits or even your future only requires wage replacement and payment for the treatment of the injury caused by the workplace occurrence.

Expert:  John replied 8 months ago.

Sorry to bother you, but you haven't yet provided a positive rating for this answer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit and I get no credit for the work I put into the matter. Thanks.