If you have been temporarily disabled due to a job injury, you may be eligible for certain compensation by your employer’s insurance carrier. This compensation will pay for the costs of your medical treatment and a portion of your lost wages for missed time at work.
But what if an employer cancels a worker’s health care coverage because he is not able to work because of a job injury? Is this allowed?
While workers’ compensation laws do not outlaw this practice, it may be a violation of the federal Family and Medical Leave Act, or FLMA. The FMLA was signed into law by President Bill Clinton in 1993. It mandates that injured employees must be given up to 12 weeks of unpaid leave and that during this time and that their employers must provide the same benefits as when they were able to work.
The law also provides that upon the employee’s recovery and return to work, he must be restored to the same position or, if such a job is unavailable, a position that is substantially similar.
This law does not apply to employees at businesses with fewer than 50 employees or part-time employees who have worked less than 1,250 hours in the year before the injury.