Can my employer legally terminate my medical insurance on an on-going condition that my result in surgery?

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Can my employer legally terminate my medical insurance on an on-going condition that my result in surgery?

I have been an outstanding employee for 30 years for a company, including management since 1997. I began medical leave on 12-13-16 because of a shoulder injury diagnosed by my GP, then referred to my surgeon on 1-3-17. I am currently under the surgeon’s care, and going to physical therapy. My employer sent me a registered letter stating,

Asked on February 17, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Once you exceed all paid time off which you earned and used (e.g. sick leave or vacation days), all leave permitted you under state or federal law (e.g. FMLA leave, assuming your employer is covered by it [at least 50 employees within a 75-mile radius] and you are eligible, which you should be [worked there at least a year; worked 1,250 hours in the last 12 months]) and/or any leave which you had under employer policy (which is voluntary on the employer's part; an employer is not required to give you leave, other than as required by law), if you do not immediately return to work, you may be terminated, and therefore lose your salary, your benefits, etc. (Though you would have the right to continue health insurance at your own expense under COBRA.) Employers do not need to retain employees who miss more work than state/federal leave laws, any employer leave policy, and the use of paid time off permit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Once you exceed all paid time off which you earned and used (e.g. sick leave or vacation days), all leave permitted you under state or federal law (e.g. FMLA leave, assuming your employer is covered by it [at least 50 employees within a 75-mile radius] and you are eligible, which you should be [worked there at least a year; worked 1,250 hours in the last 12 months]) and/or any leave which you had under employer policy (which is voluntary on the employer's part; an employer is not required to give you leave, other than as required by law), if you do not immediately return to work, you may be terminated, and therefore lose your salary, your benefits, etc. (Though you would have the right to continue health insurance at your own expense under COBRA.) Employers do not need to retain employees who miss more work than state/federal leave laws, any employer leave policy, and the use of paid time off permit.


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