Friday, March 18, 2011

If you go out on Workman Comp can your employer cancel your health insurance?

My ex was off on workman comp for several months. While he was off his employer cancelled his and our kids health insurance, and told him he could do Cobra. They are also telling him he can not get his insurance restarted back until the next enrollment period after he comes back to work which is almost a year away. This does not sound right to me.
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It's not up to the employer - it's IRS regulations. Yes. If they aren't actively on the payroll, they MUST be dropped from the group insurance, and offered COBRA. HOWEVER, I think they're wrong about not restarting you again until open enrollment - starting back up again is a qualifying event.
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