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Is it legal for an employer to fire an
employee while the employee is still
recuperating from a heart attack in the
hospital. He has been in the hospital
for about 3 weeks. Also they tried to
cancel his health insurance although
money was still being taken off his
Asked on April 24, 2016 under Employment Labor Law, Nevada
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
An employee may be fired if he misses work, even due to medical reasons (e.g. recuperating from a heart attack) if:
1) He doesn't have and use paid time off (e.g. sick days) to cover the absence; and/or
2) He is validly out on state disability; and/or
3) The company isn't covered by, and/or he isn't eligible for, or he doesn't use, FMLA unpaid leave for the absence. (You can find the criteria for which businesses and employees are covered on the U.S. Dept. of Labor website.)
Apart from the above, the law does not make employers retain employees who do not come to work, even for medical reasons.
As to insurance: if employment is terminated, health coverage may be terminated, subject to the obligation to inform the employee of his COBRA rights and his option to elect COBRA. Any premiums paid should then be adjusted based on when coverage terminated or changed to COBRA.
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