QUESTION
Can my employer cancel group health benefits after I have used my FMLA and am still out on Short Term Disability?
Asked on Sep 17th, 2012 on Business Law - Texas
More details to this question:
I had back surgery. I used all my FMLA plus 1 week of NFMLA and now my company has cancelled my health insurance and sent me cobra paperwork. Is this legal for my employer? I was send an agreement via email stating they would continue to pay my health coverage and I would pay my premiums that I've always paid. What can I do legally to get my benefits back?
1 ANSWER
Reviews not shown
1 Award
As a general matter, you lose your entitlement to participate as an employee in a group health plan once your FMLA leave ends and you fail to return to work. At that juncture, you may elect to continue your health plan coverage under COBRA. If you have an agreement to the contrary with your employer, then it is possible that you could enforce that agreement. You will need to take the agreement to an attorney who can review its terms in detail.
Answered on Sep 18th, 2012 at 9:03 AM