Advice about temination die to illness

[pcjeffmac]

What is the name of your state? GA,
My girlfriend has been at her job for 4 months, she found out she has breast cancer and need to be on short term disability. Even though she is on salary, her company is refusing to pay her salary. They are also messing with the insurance coverage. She has insurance now under there plan, they are stating that because she does not have time accrued for vaction hours, that she is no longer on the payroll and thus does not quilify for the insurance plan. This seems a little wrong to me.
Would this fall under the discrimination due to an illness?
What advice can you give?

 

[moburkes]

Is she exempt? Health insurance and disability insurance are 2 different things. In the title you mentioned termination. Has she been terminated yet?

 

[pcjeffmac]

yes and no

Yes, she is an exempt employee, I think she needs both health and short term disability. I will have to find out more details on what they are cutting off. I'm not sure if she has been formally terminated, but they said something like, they did not know if she would have a position for her after her time off for the illness.

 

[moburkes]

Yes, she is an exempt employee, I think she needs both health and short term disability. I will have to find out more details on what they are cutting off. I'm not sure if she has been formally terminated, but they said something like, they did not know if she would have a position for her after her time off for the illness.

If her illness keeps her off work for more than 1 full week, then STD will kick in, regardless of her being fired, as long as she was eligible beforehand. Is she able to pay for the premiums for the health insurance herself, while she is off work?

 

[pcjeffmac]

premiums,

Yes, I think she can pay the premiums, but I think they are trying to say she needs to do it through Cobra. I will fins out more and make a post later.

So, they can fire her outright like that?

Thanks,

 

[moburkes]

Yes, I think she can pay the premiums, but I think they are trying to say she needs to do it through Cobra. I will fins out more and make a post later.

So, they can fire her outright like that?

Thanks,

Sure they can. She must not realize how expensive COBRA is. I'm not saying that she can't afford it, I'm just saying that COBRA premiums are extremely expensive.

 

[cbg]

Actually, the wording of the STD policy itself will determine when it kicks in. I agree with moburkes that it is most often after one week, but it's not determined by law; it's determined by the wording of the policy. It could be sooner; it could be later.

Exempt or non-exempt, they are not obligated to continue paying her salary while she is out for an extended period. At most, depending on their sick time policy, they MIGHT have to pay her for the first week she is out.

She will be eligible for COBRA. They are not obligated by law to continue her coverage under the circumstances you describe.