Extended Benefits Coming to End

Hi, I am on LTD approaching the 1 year mark, my employer has advised my extended health will be coming to an end soon, is this right, I do know that I can’t do the job I was doing but not sure at this point if I can do anything else.

I asked my employer what happens if i do come back even if doing something else and was advised that i would just do the application as if i was a new employee, but that doesn’t make sense. I think they are wanting to know if I will be returning at some point… but it is unknown at this time so can they terminate my extended health even if I pay?

I think they can.
They usually wait 2 to 4 years though to avoid lawsuit problems.
It is terminating your employment due to frustration of contract.
The don’t need to let you keep the extended health plan even if you pay.

As for the return to work.
I don’t know the law if you can only do another job.
I know they have a duty to accommodate you in the same job.

Hi, an employee on sick leave doesn’t always have the right to continue to participate in the employer’s group medical plan, even when approved on LTD. Many employers will allow you to stay on the medical plan, but some won’t. The smaller the employer the more likely they will want you off the medical plan. Sometimes, the group plan itself will dictate when the employer must take people off the plan. Having that type of clause in the group plan can make it less expensive for the employer because employees on sick leave tend to use more benefits. So, some employers will choose a group plan that has mandates employees on sick leave can only say on medical benefits for 2 years, 1 year or six months. I have seen it as short as 3 months.

Check to see if you can convert your group plan to an individual plan. Often that is an option, but may too expense to be worthwhile to do so.

Your group plan will say what happens when you return to work. You will likely have to apply again, just like a new employee.

David Brannen

Disability Lawyer with Resolute Legal

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