Can they cancel his insurance?

[tkoran]

What is the name of your state (only U.S. law)? WI

My mom's DH only worked a few hours during the month of October and now for the past 2 weeks is on a doctor approved medical leave. His employer told them over the weekend that since he is not currently working a minimum of 30 hours per week that they will be discontinuing his medical insurance at the end of this month and that he will need to pay the COBRA amount in order to continue it. Mom is recently retired and does not have Medicare so they will have no insurance (they can't afford his normal premiums much less the COBRA ones). He's been assured that he will still have a job when he's able, but he won't have insurance in the meantime.

My question is - can his employer take away his insurance after such a short period of time when he is on a doctor approved medical leave? I thought he was suppose to have 6 months to recover (or at least 3 since FMLA allows that much time off for a family member if need be) before the employer could exercise that option. Or is that an individual employer policy?

 

[cbg]

IS he actually on FMLA?

If he is on FMLA, then they must continue his health insurance for up to the 12 weeks allowed by statute. He is responsible for paying whatever portion of the insurance he would be paying if he were working.

If he is not on FMLA, then they have no legal obligation to continue his health insurance at all.

 

[tkoran]

No, they never applied for FMLA. Probably never thought about it since it is for himself - not a family member. Can one apply for FMLA when it's them that's ill instead of a family member?

 

[cbg]

Yes, FMLA can be used for an employee's own illness.

Does he, the employer, and the medical condition all qualify?

 

[tkoran]

Yes, FMLA can be used for an employee's own illness.

Does he, the employer, and the medical condition all qualify?

I do not know the answer to those questions as I don't know what the exact guidelines are. I'll give a little info and if that doesn't help, would you be able to point me in the direction of how I could find out?

He is off for depression, anxiety and severe nicotine withdrawal. He is being forced by the doctor to give up his heavy smoking due to illness not only to himself, but illness that my mom has experienced due to his 2nd hand smoke.

His employer is a corporate grocery store.

I'm not sure if these qualify or not.

Thanks so much for your help.

 

[cbg]

Here is what we need to know to determine if FMLA applies:

1.) How long has he worked for this employer?

2.) How many employees does the employer have within 75 miles of his location?

3.) In the 12 months immediately preceding his leave, did he work a minimum of 1,250 hours?

4.) Does his employer know the medical reason for the leave?

 

[tkoran]

Here is what we need to know to determine if FMLA applies:

1.) How long has he worked for this employer?

2.) How many employees does the employer have within 75 miles of his location?

3.) In the 12 months immediately preceding his leave, did he work a minimum of 1,250 hours?

4.) Does his employer know the medical reason for the leave?

#1 He's been there for approx. 10 years.

#2 There are at least 100 employees at the store he works at and probably another 40-50 at a store 10 miles away. I'd have to do more research to find out if there are any other stores within that radius.

#3 Yes - at least 2,000 hours

#4 Yes

One more question. If he applies for FMLA, that can be retroactive if need be, correct?

Thanks again!

 

[cbg]

Well, no, FMLA actually should not be retroactive.

But if he is absolutely certain that the employer knew of the medical condition, what I would suggest he do is simply contact the US DOL and file a complaint of a FMLA violation. Whether he applied for FMLA or not, the burden is on the employer, if the employer has reason to believe that the leave COULD be covered on FMLA, to make him aware of that fact and give him the paperwork to apply. It is not his responsibility to ask for it.

 

[tkoran]

Well, no, FMLA actually should not be retroactive.

But if he is absolutely certain that the employer knew of the medical condition, what I would suggest he do is simply contact the US DOL and file a complaint of a FMLA violation. Whether he applied for FMLA or not, the burden is on the employer, if the employer has reason to believe that the leave COULD be covered on FMLA, to make him aware of that fact and give him the paperwork to apply. It is not his responsibility to ask for it.

Thank you so much. He and my mom have talked to the owner of the store in person more than once about this and they do know why he is off. I will let them know that they need to check into this. They are very trusting people and normally will not take the initiative in things like this. The owner told them when he was an employee at the same store, that that is how his medical leave was dealt with so he may not even realize that he is dealing with this incorrectly since HR is at the corporate level.

Once again, thanks so much for your help.