Month: April 2018

Coverage for Continuing Health Insurance After a Job Loss

Coverage for Continuing Health Insurance After a Job Loss

Private employers must comply with The Consolidated Omnibus Budget Reconciliation Act, known as COBRA if they have at least 20 employees. Smaller employers may be covered by a similar state law.

Employees who are covered by the employer’s health insurance plan on the day before a “qualifying event” — an event that would cause them to lose their coverage, such as a layoff, cut in hours, or divorce from a spouse — are eligible to continue their benefits through COBRA.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Advertisements

Continuing Health Insurance After a Job Loss – Part II

Continuing Health Insurance After a Job Loss - Part II

The administrator of your employer’s health care plan is required to send you a set of notices about your right to COBRA benefits.

Once a qualifying event takes place, either the employer or the employee must notify the plan administrator (who is responsible for giving notice depends on the type of event).

After learning of a qualifying event, the administrator must send out an election notice, informing beneficiaries that they have a right to choose COBRA coverage. Beneficiaries then have 60 days to inform the administrator whether or not they want to continue insurance coverage through COBRA.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Continuing Health Insurance After a Job Loss – Part I

Continuing Health Insurance After a Job Loss

The Consolidated Omnibus Budget Reconciliation Act, known as COBRA, is a federal law that allows employees to continue their employer-provided health insurance after they are laid off or fired, or they otherwise become ineligible for benefits.

For example, because they quit or their hours are reduced below the employer’s minimum to receive benefits.

The employee has to pay the full premium at the employer-negotiated group rate, which is typically less expensive than it would be to buy an individual policy on the open market.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Reasonable Accommodation for Pregnant Employees – Part II

Reasonable Accommodation for Pregnant Employees - Part II

For example, if your employer offers light-duty work to employees with broken bones or other temporary ailments, it may also be required to offer light duty to pregnant employees with medical restrictions.

On the other hand, if your employer doesn’t offer accommodations to any employees, it won’t be required to give you a flexible schedule or light-duty work under the PDA.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Reasonable Accommodation for Pregnant Employees – Part I

Reasonable Accommodation for Pregnant Employees

Unlike other federal laws, such as those protecting employees with disabilities, the PDA does not impose an affirmative duty on employers to accommodate pregnant employees.

Instead, employers must provide reasonable accommodations to pregnant employees only such accommodations are provided to other employees who are temporarily limited in their ability to work.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Pregnancy Discrimination Laws

Pregnancy Discrimination Laws

Pregnant employees are entitled to various protections under federal and state law, including the right not to be discriminated against, and in certain circumstances, the right to reasonable accommodation and time off from work.

While federal law sets the minimum requirements that employers in all states must follow, states are free to create laws that are more protective of pregnant employees.

Many states have done so, with some laws applying to a wider set of employers or providing greater accommodation or leave rights.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Wrongfully Terminated for Being Pregnant

Wrongfully Terminated for Being Pregnant

If you were fired because of your pregnancy or plans to get pregnant, you may have a wrongful termination case against your employer.

Most employers may not discriminate against employees for being pregnant, deny them leave they are entitled to under federal or state law, or refuse to provide reasonable accommodations when required to do so.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Whistle-Blowing Violations

Whistle-Blowing Violations

Whistle-blowing laws protect employees who report activities that are unlawful or harm the public interest. Some states protect whistle-blowers who complain that their employer broke any law, regulation, or ordinance at all.

Other states give employees whistle-blower protection only when they report that their employer broke certain laws, such as environmental regulations or labor laws.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Implied Promises and Wrongful Termination

Implied Promises and Wrongful Termination

The existence of an implied employment contract—an agreement based on things your employer said and did—is another exception to the at-will rule.

This can be difficult to prove because most employers are very careful not to make promises of continued employment.

But implied contracts have been found where employers promised “permanent employment” or employment for a specific period of time or where employers set forth specific forms of progressive discipline in an employee manual.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com