Does my employer have to keep my health insurance current if I am suspended?

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Does my employer have to keep my health insurance current if I am suspended?

I was fired on March 19th. I refused to falsify an FAA runway inspection form

and told my supervisor who ordered me to falsify it that he would have to do it

himself as I would not falsify it. I am dealing with the FAA now and they are

investigating the airport. I was told I was fired and had my security badge

taken from me and escorted off property that same night. At that time I assumed that the airport director would do the correct thing and fix the problem and I would go back to work as he witnessed the incident but does not like

confrontation. It takes over a week for him to contact me only to tell me I was

insubordinate and if I took a write-up I could come back to work but the

assistant airport director that ordered me to falsify the report would have

nothing happen to him. I told the director what I was asked to do was illegal.

He then informed me I was not fired I misunderstood and I was suspended without pay. At that time I decided I did not want to work for people who would do this and now try to hide it even though I had been there 6 years and have never had a single write up or anything. It is now June 6th and I have turned them into the FAA so I am assuming they will not fire me because of some whistle blower law? I tried to go get state insurance for myself and my kids and was told I needed something from my employer saying I did not have a job or

insurance. When I contacted my employer’s Human Resources person about the vacation time they owed me and termination paperwork my email was forwarded to the airport director and he emailed back that I am still suspended not fired and they have kept my insurance current and he would accept my resignation if that was what I wanted to do. I just worry they will stop paying and I will not know and then have not insurance. What can I do?

Asked on June 6, 2018 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, while an employee is suspended, he or she is still employed, so the employer would have to keep his or her health insurance current and in-effect (they may require the employee to pay his or her portion--that is, the employee monthly premium--for the insurance). An employer may not cancel the insurance of a still-employed employee, and suspension is not termination.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, while an employee is suspended, he or she is still employed, so the employer would have to keep his or her health insurance current and in-effect (they may require the employee to pay his or her portion--that is, the employee monthly premium--for the insurance). An employer may not cancel the insurance of a still-employed employee, and suspension is not termination.


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