Employment Law

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If I have to take longer than 3 months on disabilty to heal…

If I have to...

If I have to take longer than 3 months on disabilty to heal my broken back will I still be eligible for my health insurance?

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

Massachusetts

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

Full time

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Answered in 2 minutes by:
3/8/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
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Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Whether or not you will have your employer's insurance or COBRA is up to the employer. Legally, when a person is absent due to medical issues, they have 12 weeks of protected medical leave. During that time, the employer must maintain their insurance, while the employee is responsible to pay their portion.

Following that time, the employee's job is no longer protected and so insurance does not have to be maintained. Some employers choose to do so. Some employers choose not to. Some employers have no option, as their group coverage requires them to remove any inactive employee (past 12 weeks).

If your insurance lapses, you would then have to be offered COBRA coverage.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
Verified
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Allen M., Esq., Employment Lawyer
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Satisfied Customers: 20,575
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Experience: Employment/Labor Law Litigation

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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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