Legal Question in Employment Law in California

Disability

Currently on medical disabilty and will require surgery on shoulder. I currently have group health insurance through my Employer. All premiums are paid by the Company. My Employer has complained about the cost of the premiums during my leave and has suggested offering COBRA. I do not want to change medical in the middle of my treatment, so I offered to reimburse the company for the cost of the premium. Now I am wondering if there are some legalities involved. Can I be ''let go'' from my job while disabled, thus the Cobra. Can my Employer make any changes to the status quo, stop paying the premiums. Thank you.


Asked on 3/31/06, 4:00 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Disability

You do not provide sufficient information to determine if you are eligible for leave under FMLA or the state equivalent. If you are, an employer must allow you to take up to 12 weeks off for a serious illness or injury. You cannot be fired for taking time off under FMLA. Ask your employer whether you are covered, or call an experienced employment law attorney or the California Dept. of Fair Employment and Housing.

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Answered on 4/12/06, 4:01 pm


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