Employment Insurance

[ever_learning]

What is the name of your state? Mississippi

My sister has a tumor on her brain. She took a medical leave from her job where she was employed for three years. When she took the leave to have surgery the employre told her that her insurance would not cover it while she was on medical leave.

Can they do that? Can they stop the insurance because someone is on medical leave?

Thank you.

 

[cbg]

That depends on two factors: whether or not FMLA applies and what the insurance document says.

You say she's been employed there for three years. In the most recent 12 months, has she worked a minimum of 1,250 hours? And how many employees does her employer have within 75 miles of her location?

 

[ever_learning]

That depends on two factors: whether or not FMLA applies and what the insurance document says.

You say she's been employed there for three years. In the most recent 12 months, has she worked a minimum of 1,250 hours? And how many employees does her employer have within 75 miles of her location?

Yes, she has worked well over those hours. The company emplys over 700 people at the location in which she works and the closest location is over 100 miles away.

 

[cbg]

Then she is eligible for FMLA, which is 12 weeks of protected unpaid medical leave. She cannot be fired or disciplined for taking this time, and under the law, the employer MUST continue to maintain her health insurance under the same conditions as if she were working (i.e., if she pays a portion of the health insurance, she still has to make those payments; the employer does not have to pay 100% of the cost unless they would do so while she was at work).

This is Federal law. If they cancel her insurance while she is on FMLA, she can file a complaint with the US Department of Labor.

Note that once the 12 weeks is up, they no longer have any responsibility to maintain her health insurance (though they must offer her COBRA) or even to maintain her employment.