Can I lose my company paid health insurance while on medical leave?

The short answer is "No, they can't do that." If the company has more than 50 employees and you worked more than 1,250 hours in the last 12 months, then you're covered by the Family and Medical Leave Act which prohibits the company from terminating you for a medical emergency. You do have to make sure you fill out all the paperwork and have the doctor certify that you need FMLA time. If you don't meet the qualifications to be out under FMLA, there are Illinois and federal laws requiring the company to notify you of the right to keep your insurance in effect for up to 18 months after your termination. It may involve you having to pay the premium, but they can't just cut off your insurance without giving you the opportunity to keep it in effect. I would start by getting hold of the insurance company and explaining the situation because they will be aware of your ERISA and Illinois rights, even if the employer is not. If they don't help you, see a lawyer in your area pronto.

posted by John Otto  |  Nov 2, 2010 10:43 AM [EST]