Dropped medical/Life ins due to my Long trm Disab, HELP

[pcmentor]

What is the name of your state? CA

Hi, I just got some forms from my employer for COBRA, they want me to pay $600/mo for Cobra. I was on short term disability from Feb 2005 to July 2005, am now on Long term Disability. Some of the forms look like they say I have reduced my work hours. I have not gone to work at all since Feb 2005.
Can they stop giving me my Medical/Dental, and Life Insurance benefits yet still give me 401k? Aren't I protected by law from partial firing for my longterm disability which is what this seems like? Please help, I need it!!!

 

[cbg]

The employer is under no legal obligation to hold your job open indefinitely. Despite a persistant belief to the contrary, it is NOT illegal to fire someone who is receiving disability benefits. No, you are not protected by any law from being fired if you are unable to return to work after the end of any statutory medical leave time. If you were out between February and June, your employer held your job open for LONGER than is required by law. He has no legal obligation to hold it further, and no legal obligation to continue to cover you at his expense on the health and dental plans.

Under the law, he is required to provide you with the means to remain on the health insurance at your own expense. That is what COBRA is. I don't know what you are referring to with reference to the 401k but Federal law also dictates how that is handled.

 

[pcmentor]

CA

They are contining my 401k benefits but not my Life Insurance or Medical Insurance. They have not fired me. Is there a way to get all my benefits resumed while I am on long term disability? Thanks

 

[cbg]

If you mean, is there a way to force your employer to continue paying for your health insurance, no, there is not. Your employer is entirely within their legal rights to require you to begin paying for the insurance. Your sole legal option with regards to keeping the the insurance is to elect COBRA.

Under Federal law, as long as you are employed by the company your employer is required to continue your 401k unless YOU tell him to discontinue it. The law makes no such requirements as far as the health insurance is concerned.

I'm not unsympathetic to your situation but your employer is acting legally. He could have discontinued your employment instead of just your health insurance.