Can You Lose Your Insurance if You Take Time Off for Surgery?

Imagine this: You’ve been putting off a necessary surgery for a while, but you finally decide it’s time to get it done. You schedule the surgery and give your employer ample notice, but they fire you before the surgery date. Now you’re left without a job and no health insurance to cover your surgery costs.

This is a real fear for many people, especially those who work for small businesses or don’t have a lot of savings. But the good news is that in most cases, you cannot be fired for taking time off for surgery.

The Family and Medical Leave Act (FMLA) is a federal law that protects employees from being fired for taking time off for certain medical reasons, including surgery. FMLA applies to employers with 50 or more employees, and it allows employees to take up to 12 weeks of unpaid, job-protected leave per year.

To be eligible for FMLA, you must have worked for your employer for at least 12 months and must have worked at least 1,250 hours during the past 12 months.

If you are covered by FMLA, your employer cannot fire you for taking time off for surgery. However, your employer can deny your request for leave if it would cause undue hardship to the business.

“Undue hardship” means that your absence would cause your employer to suffer significant financial loss or disruption of operations.

If your employer denies your request for leave, you can file a complaint with the U.S. Department of Labor.

In addition to FMLA, there are other laws that may protect you from being fired for taking time off for surgery. For example, the Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees with disabilities. If you have a disability that requires you to take time off for surgery, your employer cannot fire you for doing so.

However, it’s important to note that these laws do not guarantee that you will be able to keep your job if you take time off for surgery. If your employer has a legitimate reason for firing you, such as if your absence would cause undue hardship to the business, they may be able to do so even if you are protected by FMLA or the ADA.

If you are concerned about losing your job or your health insurance if you take time off for surgery, you should talk to your employer and to an employment lawyer to discuss your rights.

For more information :

1. https://www.dol.gov/agencies/whd/fmla
2. https://www.eeoc.gov/statutes/ada.cfm