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  1. #1
    Join Date
    Mar 2013
    Location
    East Texas
    Posts
    2

    Default Fired for Not Paying Insurance While on Medical Leave for Cancer

    My question involves labor and employment law for the state of: TEXAS

    Can an employer fire an employee that is off on medical leave for NOT paying for health insurance?....I have worked for a company for almost a year, next week is a year. And I had lung cancer removed on Feb. 1, 2013, they took 2/3 of my right lung. I am still out on medical leave. The HR dept. called me today and told me that I was terminated for NOT paying for my health insurance. Is this legal???

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Not Paying Insurance While on Medical Leave for Cancer

    Yes, as a matter of fact, it is.

    Given that you have been with the employer less than a year, you are not entitled by law to any medical leave at all. Even if you qualified for FMLA, which you do not, you are still obligated to continue paying for your portion of the health ildnsurance. Under no law is your employer obligated to provide it to you for free.

    It's not the way I would have handled it but it's not illegal, either.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Fired for Not Paying Insurance While on Medical Leave for Cancer

    I hope you get better soon, and when you are well enough to be "able & available" for work, immediately file for unemployment.

  4. #4
    Join Date
    Mar 2013
    Location
    East Texas
    Posts
    2

    Default Re: Fired for Not Paying Insurance While on Medical Leave for Cancer

    Thank you for responding.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Not Paying Insurance While on Medical Leave for Cancer

    I wish I could have given you a better answer.

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