What should I do when my employer doesn’t want to provide medical insurance because I’m on state disability and not on payroll?

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What should I do when my employer doesn’t want to provide medical insurance because I’m on state disability and not on payroll?

I am going through a hard time with my employer. I am 37 weeks pregnant and I am on state disability my employer decided to drop everyone’s insurance and turn over our benefits to our union. The union doesn’t want to provide insurance to me because I’m not currently on my employers payroll. I tried to apply for Cobra and my employer and the union won’t give it to me. I don’t know what legal rights I am entitled to. I am so frustrated because I will be delivering my baby in 2 weeks. I don’t have any medical insurance. What should I do?

Asked on August 2, 2012 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you do not have medical insurance now at your current place of work but had it previously, under the laws of all states in this country your employer and union would have been required to afford you an opportunity to continue your medical insurance under COBRA.

Given the time constraints that you are in, I suggest that you consult with an attorney who practices in the area of insurance law to advise you as to what you legal recourse is.


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