New York, NY asked in Employment Discrimination for New York

Q: Can an employer cancel your medical coverage after you have been enrolled for any reason?

My wife is 8 months pregnant and her due date is, Jan 1st. She started a new job on 10/11 and she goes on leave 12/15. Her current HR told her she is only covered until 12/31 and then she will not be covered anymore. They told her she cannot enroll for new coverage until 11/2018. Is this possible? This is in New York City

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4 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: She should have received COBRA notice from her old job to cover her until new insurance covers her.

As long as new employer treats all employees the same - for example if working 90 days is required for coverage? Most employers do not require waiting till open enrollment.

She needs to request the written policy and they need to have one. Take it to employment lawyer for review.

V. Jonas Urba
V. Jonas Urba
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: If she is already covered they can not cancel her due to pregnancy.

V. Jonas Urba
V. Jonas Urba
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: In NYC her pregnancy may probably entitle her to accommodation as a disability would. Seek legal counsel ASAP. She does not qualify under FMLA but NYC HRL and ADA may help her. She will need to request accommodation however.

Michael Diederich Jr.
Michael Diederich Jr.
Answered
  • Employment Law Lawyer
  • Stony Point, NY
  • Licensed in New York

A: Mr. Urba's responses are sound.

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