Can an employer cancel your medical insurance because you didn’t meet the necessary hours needed to keep it.

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Can an employer cancel your medical insurance because you didn’t meet the necessary hours needed to keep it.

My husband only missed the required hours by 60 hours. Yet the company is cancelling his medical insurance (only) even though he was on a FMLA leave. He had a very serious heart condition that required surgery, and was unable to return to work before the doctors released him, and said it was safe for him to work again. He missed approx. 4-6 weeks of work. Had he had sick and vacation time that full-time employees get he would have meet the required hours. But he has unofficially been told because of his medical condition he is a liability for them to make full-time.

Asked on December 29, 2011 under Employment Labor Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not your husband's employer can cancel legally his medical insurance benefits depends upon what is stated in his contract with the employer or the standing employee handbook. From what you have written, it seems that there is some discriminatory practices against your husband by the employer where the employer is targeting him for termination by being discriminatory.

I recommend that your husband consult with a labor attorney or a representative of the local labor department. They key is whether the treatment he is receiving from his employer is different than what other employees are receiving.


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