Legal Question in Employment Law in Florida

employer allowed health insurance to lapse for 1 month

I work for a family owned bussiness. My employer allowed our health insurance to lapse for one month and states we will be responsible for all claims even emergency,s during that time. They also state if I don,t work 30 hours a week our new carrier will terminate my coverage, even if I am willing to pay the entire premium. I have become very ill and I don,t know if I can work that many hours also my prescriptions are extremely expensive and I will have to pay for them for that month. I don,t have any appointment or procedures scheduled for that month, but I afraid I could become very ill at any time. When I ask my employer about this, they stated that they where not required to provide health insurance, therefore they where not responsible for the month in which I and all workers will not be covered. Im desperatly concerned are they in the right ''legally''? and if I can get a note from my Physician fo they have to allow me to purchase insurance at my full expense if i can produce a physicians note?


Asked on 5/21/03, 11:46 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: employer allowed health insurance to lapse for 1 month

Your employer is correct that they under no legal obligation to provide you with health insurance. Your employer is also correct that employer-group health plans generally require that employees work at least 30 hours per week in order to be eligible for the health insurance coverage. Accordingly, if you work less than the minimum required number of hours, you will not be entitled to the benefit which the employer pays for. However, if the employer has 20 or more employees, then the law does not allow them to just stop coverage for a particular month without at least giving you notice and an opportunity to continue your coverage at your own expense. Similarly, if the employer has 20 or more employees, even if you work only 30 hours each week, once become "ineligible" for the benefit given to full-time employees, you must be provided with a COBRA notice and given an opportunity to continue your coverage--at your own expense.

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Answered on 5/22/03, 10:12 am


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