Employment Law

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My spouse is currently out on a short term disability for a…

Customer Question
My spouse is currently...

My spouse is currently out on a short term disability for a medical condition. His employer is notifying us we are no longer eligible for health insurance because of the reduced hours while on disability. The employer asked us to go on short term disability, because they could not offer a light duty work load. Is that legal for an employer to do?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Wisconsin.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full time

Submitted: 9 months ago.Category: Employment Law
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Answered in 15 minutes by:
11/9/2017
Employment Lawyer: John, Employment Lawyer replied 9 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,049
Experience: Exclusively practice labor and employment law.
Verified

Yes, there is no law mandating that the employer keep the employee on health insurance longer than 12 weeks of leave. Nor is there a law that the employer offer light duty work. It could be the case that a reasonable accomodation would have allowed your husband to stay working. If that is the case, then your husband would need to request that accomodation or have a discussion with the employer regarding the same. As it stands now, however, the employer would be mandated only to offer COBRA coverage, at most, which only allows the premiums to be transferred up to 102 % to your husband personally.

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Employment Lawyer: John, Employment Lawyer replied 9 months ago

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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).

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