on disability, will health insurance remain intact?

[dee33]

Hi

I'm in Massachusetts. Currently, I am on short term disability from my job. I'm having trouble dealing with the HR manager, and I don't trust him. I worry that he will do something to mess up my health insurance. Can he legally take me off the health insurance if I am on STD? I am currently paying the employee portion, while the company pays company portion.

Thanks in advance for replies

Dee

 

[cbg]

How long have you worked for the company?

How many employees does the company have within a 75 mile radius?

It makes a difference to the answer.

 

[dee33]

Thanks for the reply

I worked there 6-7 months, before going on the short-term disability which was one of the company benefits.

There are approx 35 employees.

Just a few words about the HR manager. He is trying to manipulate me into quitting. And he originally told the disability company that part-time would be ok. And then when I was ready to go back part time (with a doctors note saying so), he told the disability people that no one in the company does part time (which is a lie)

Dee

 

[cbg]

Because you have been with the company for less than 12 months, and because the company has less than 50 people, you do not qualify for protected leave under the Family Medical Leave Act. Unless your leave is for pregnancy, Massachusetts has no state mandated leave that would protect you either.

If by chance you are out on maternity leave, then the company MUST allow you 8 weeks of leave before they can terminate you or make any changes to your benefits. If you are not able to return to work at the end of eight weeks (in the event of multiple births this can be extended) they do not have to hold your job any longer and yes, your health benefits can be terminated, although they would be required to offer you COBRA.

However, if you are out for any reason other than pregnancy/maternity, there is no protected leave available to you. Therefore company policy would stand as to how long they must hold your job and how long they will continue to cover you on the health insurance plan. Again, if they terminate your coverage they MUST offer you COBRA.

Most short term disability plans will terminate your benefits if you go back to work even part time, so he may actually have done you a favor by telling them there was no part time work available for you.

 

[dee33]

cbg

Thank you very much! That puts my mind at ease.

I just needed to know that if they terminate my coverage, they must offer me COBRA. Because I don't mind paying the extra for it, but I just don't want to lose coverage completely due to some loophole that I don't know about.

Thanks,
Dee

 

[cbg]

Just one thing to remember, because a lot of people who aren't expecting this get nervous when it happens-

Under the law, they have either 14 or 44 days from the last day of coverage to notify you of your COBRA rights. Whether it is 14 or 44 days depends on whether they administer their own COBRA or use a third-party administrator.

You have 60 days from the date of the letter, or the date of the coverage termination, whichever is later, to notify them that you want the COBRA. Then you have an additional 45 days to send them the first payment.

It IS LEGAL for them to terminate your coverage until they actually have your check in their hands. In fact, they'd be foolish to do it any other way - they'd be running the risk that you'd use the coverage and then stiff them for the payments. (Not that I'm implying that you would do such a thing!)

Once they have your check in hand, they MUST reinstate the coverage retroactive to the last day of active coverage, so that there is no gap. If they fail to do this you can file a complaint with the Federal DOL. (I have been working with COBRA ever since it was signed into law back in the 80's, and I have NEVER known an employer who failed to reactivate coverage properly when the check was received. But if they did fail to do so, that's what you'd do.)

So don't get upset or think they're screwing you if you find that your coverage has been termed before you send them the COBRA check. It's entirely legal and quite, quite common.

 

[dee33]

Thanks a lot, cbg, for all the info. I will print this thread out.

Dee