1. A. No person, firm, partnership, corporation, or other entity may discharge, or, except for nonpayment of premium, terminate any group health insurance of any employee because the employee has in good faith:

   1. 1. Filed a claim;
   2. 2. Retained a lawyer for representation regarding a claim;
   3. 3. Instituted or caused to be instituted any proceeding under the provisions of this title;
   4. 4. Testified or is about to testify in any proceeding under the provisions of this title; or
   5. 5. Elected to participate or not to participate in a certified workplace medical plan as provided in Section 14 of this title.
2. B. No person, firm, partnership, corporation, or other entity may discharge any employee during a period of temporary total disability solely on the basis of absence from work.
3. C. After an employee’s period of temporary total disability has ended, no person, firm, partnership, corporation, or other entity shall be required to rehire or retain any employee who is determined to be physically unable to perform assigned duties. The failure of an employer to rehire or retain any such employee shall in no manner be deemed a violation of this section.
4. D. No person, firm, partnership, corporation or other entity may discharge an employee for the purpose of avoiding payment of temporary total disability benefits to the injured employee.

Added by Laws 1976, HB 1353, c. 217, § 1; Amended by Laws 1992, HB 2132, c. 294, § 3, eff. September 1, 1992; Amended by Laws 1994, 2nd Extr. Sess., HB 1002, c. 1, § 21, emerg. eff. November 4, 1994; Amended by Laws 1998, SB 1185, c. 353, § 1, eff. November 1, 1998 (superseded document available); Amended by Laws 2001, 1st Extr. Sess., HB 1003, c. 3, § 6, emerg. eff. October 23, 2001 (superseded document available); Amended by Laws 2005, 1st Extr. Sess., SB 1, c. 1, § 13, emerg. eff. July 1, 2005 (superseded document available).