Q: Can employer take away regular medical benefits if I'm not cleared by doc to work the 30 hr min to receive benefits?
I've been on temporary total disability. I've been cleared by doc to return 20hrs/week after the workplace safety correction has been made. Company HR says if I return to work at only 20hrs I'll lose my benefits. Is this correct?
A: It depends on how the health insurance premiums are paid. If you get an employer contribution toward a health-insurance premium only by completing 30 hours, then you would just offer to pay your portion of the premium out-of-pocket. if that is cost-prohibitive, let the insurance lapse and apply for 'obamacare' ASAP. YOU MIGHT assert that the employer is violating Labor Code 132a by cancelling health insurance because you claimed workers comp benefits, but if this employer does not provide health insurance for ANY worker completing less than 30 hours, then that employer has a valid 'business necessity' defense. If it were me, I'd tell the doctor to release me to 30 hrs/week...that's just 6 hours / day instead 4 hrs / day.
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