Legal Question in Medical Leave in California
Insurance & termination
my husband had his hip replaced in 02/07 and everything went smooth with his employer, now he is having his other hip replace in 11/07 with less time off and his employer knew about it before hand, and is now raising a big stink over it, stating termination, and having to pay insurance premiums while he's off, they did'nt have him do any of this before on the first surgery, he needs this surgery to help him be a better employee, his boss knows this, how much recourse can we do to help with the very high cost to us, if indeed the employer makes us pay premiums this time, my husband will be out of work for appox. 3 months, that's alot to pay when your out on disability. Thank you
2 Answers from Attorneys
Re: Insurance & termination
If the employer is covered by State and Federal leave laws, your husband would be entitled to 12 weeks of leave in a 12 month period. If he has not worked 12 months since the last leave, the employer would not be required to provide the payment of insurance premiums and reinstatement may not be guaranteed.
This area of the law is complex and many employers make mistakes. You should counsel with an employment lawyer regarding your specific facts before acting.
Re: Insurance & termination
Sorry, but there are limits on legally protected leaves. He's entitled to a 12 week leave at most after 12 straight months of employment. Since he doesn't have that, try to work out a deal with the employer.
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