Legal Question in Disability Law in Massachusetts
Insurance discrimination?? by employer
My wife has been with her compay for over 10 years. She was a 30 (4 day) hour per week employee, entitled to health insurance and long and short term disability.
About 2 years ago she was diagnosed with cancer and missed alomost a year while receiving successful treatment.
When she returned to work about a year ago it was with restrictions including a max 6 hour day (for her 4 days). This is only 24 hours per week.
This caused her insurance costs to skyrocket as she was now classified as a less than 30 hour employee by her employer.
This was bad enough but now the employer is switching companies and the new insurance carrier's plan costs even more AND as a less than 30 hour per week employee she is no longer entitled to short and long term disability.
Is this OK to do?
She eventually hopes to have her restrictions lifted by her doctor but in the short term the insurance cost is very high and should anything happen she'd receive nothing from long/short disability.
Thank you
1 Answer from Attorneys
Re: Insurance discrimination?? by employer
Your issue is complicated. Under the law it may be a violation of the disability discrimination law to fail to continue benefits for a person who has a recognized disability but can still perform the essential functions of her job. You can meet with the MAss. Commission Against Discrimination. As to changing the plan, generally an employer can do this unless the terms of the plan say differently.
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