Legal Question in Employment Law in Maryland

Re: Payment Of Health Insurance

You did not ask a question, but I assume you want to know if this policy is legal. On its face, it is. There is no law that mandates that a company must provide paid insurance, so they can refuse to do so for any legal reason. But that's where the rub is.

A company may not discriminate against an injured or sick person if the medical condition falls under the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA). These are complex laws but, in general, a company should not count sick time that falls under either law for purposes of penalizing employees. That would be an illegal reason for refusing to continue to pay for insurance.

So, if the company does not have a caveat to the policy which says that conditions which fall under either or both laws will not count against the 5 day rule, then the policy is arguably illegal, at least as applied to those particular situations. (There may be some workers' compensation issues or state discrimination law problems that also come up, in a similar vein to the legal problem I described above.)

If you have a specific situation you want to discuss, feel free to call me for a free consultation. Otherwise, you might ask the company to look into this issue with its lawyers if you feel you can do so without fear of reprisal.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.