We are not COBRA. For specific contract details about your current company policy, contact your health plan administrator.
In Reply to: Re: Leave of Absence posted by Craig on February 25, 2003 at 09:24:38:
Craig,
Hope you are doing well since your divorce. It is a long slow process to heal and move on.
My employer did not have more that 50 employees and my leave was not family related. I took off to do student teaching to obtain my teaching certification. I gave them three months advance notice and actually referred people to them who they could hire to fill my position. They did not hire anyone and I returned to my position without anything being said about any change in my compensation. I received the same salary and as far as I knew, had my health coverage reinstated. I worked for 10 months after the leave before discovering the lack of health benefits. I have applied for private coverage but my most recent visits and prescriptions will not be covered. It seems like they should be responsible for these expenses. Further, my current medical problem will require further treatment that will be excluded from coverage by next carrier. Is there anywhere I can report these people or any action I can take
Chris
: Chris:
: Sorry to hear that, I just went through my own divorce, very very painful. Did your employer have 50 or more
: employees? If so, FMLA does apply to them. If they are a smaller employer, then they would not.
: Also were you unable to work because of your illness? Did you work 1,250 hours or about 31 weeks for them in the previous year?
: Also it doesn't hurt to provide the employer at least 30 days advance
: notice before FMLA leave is to begin if the need for the leave is
: foreseeable. Of course, this does not apply to an unexpected illness.
: Something else you can do that eliminates confusion, some employers may require that written
: notice set forth the reasons for the requested leave, the anticipated
: duration of the leave, and the anticipated start of the leave. That way everything is in writing and there's no misunderstandings.
: Here's an excerpt from the The Federal Family and Medical Leave Act (FMLA):
: Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
: for the birth and care of the newborn child of the employee;
: for placement with the employee of a son or daughter for adoption or foster care;
: to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
: to take medical leave when the employee is unable to work because of a serious health condition.
: So Chris, we should determine if FMLA even applies to you. If your employer had over 20 employees, and was not a church related or government organization, then you should have at least been offered COBRA.
: If you are healthy now, COBRA may not be the cheapest way to go. Get
: your own health insurance with a lower premium.
: Please respond if you have further questions and keep us updated on your situation,
: 
: Craig
: : I took a 3 month leave of absence from my work in Jan. 02. I had health coverage from beginning of employment to Jan. 02. Upon return to employment (4/02), without disclosing it to me, my health coverage was not reinstated by my employer. During the leave of absence, my divorce became final and my employer's health coverage would have been my only coverage. Upon a recect (2/03) visit to the pharmacist, I discovered the lack of health coverage. When I raised the issue with my employer I was terminated. I have applied for private insurance but my current visits will not be covered. Do I have any recourse againt my deceptive employer.
: : Chris