Is it illegal to take unpaid time off as long as i pay my insurance
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Is it illegal to take unpaid time off as long as i pay my insurance
I had asked in November 2017 to have time off in June 2018 it was put on the work
schedule then i was told they could not approve it because i did not have the
time so i said i can take it unpaid and pay my monthly insurance i have i was
told its illegal in the state of Georgia, however my time off request was given
to someone else. And I also got a final warning and never got a first or second
or a verbal warning, please let me know what can i do, I feel like they are being
racist with me.
Asked on April 20, 2018 under Employment Labor Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
An employee is only entitled to company provided insurance so long as their is work status is active. Accordingly, if you take unpaid time off your staus changes to inactive , therefore you are no longer covered under your employer's plan. As for any claim of racism, you state no particulars that give rise to any claim of discrimination in the workplace.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It's illegal because your insurance is provided to you for being an active employee; taking "unpaid" time off is to go off payroll and effectively be unemployed, so you could no longer be covered under your employer-provided insurance. That's why they could not accommodate you this way.
It is not being racist to take actions based on your own actions or statements; you asked for an excessively long amount of time off and tried to get around their statement you could not have the time; for that, they can warn you.
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