FMLA help!?

My husband plans to quite his job on Aug. 8th. He begins his new job on Aug. 18th (he cannot adjust the start date as the training is a classroom group training that lasts 6 wks). Medical insurance from his new job will not start for about 8 wks. Here is the thing. I am due to have our first baby on Aug. 20th. We need to be on his current jobs medical insurance for the delivery of our baby. Is it legal for him to start a leave of absence under FMLA on Aug. 8 and then not return? In his employee handbook it says. "you may be periodically required to report on your status and intent to return to work". If he uses the FMLA for insurance until our new insurance kicks in can his company come back around and sue us? Is the COBRA act our only legal option in this case? Thank you for all of your help!

Sherry C

Your only option is to take COBRA. Maybe just carry it until your baby is born and your husband's new insurance kicks in. Since your wife is already pregnant and about to give birth your husbands new insurance will not cover anything due to it being a preexisting condition. The down fall is that it's going to be very expensive to carry it.

michr

your only legal option is COBRA.......
any other plan to circumvent the law would be fraud and the insurance carrier and the employer could take legal action which could cost you considerably.

your husband has the option of FMLA for a "birth" and for child care after the birth or adoption but not prior to the birth.
the only way he is eligible for FMLA prior to the birth is for a doctor to certify that he has to be off work to care for you.
that still would not help in your situation since your husband has no intent to return.

Fire-n-Ice

I think COBRA is your only option. Otherwise your pregnancy could be consider a pre-existing condition under his new insurance and none of your post delivery follow up visits would be covered. Take the COBRA coverage until the new insurance kicks in.

Proud Momma

FMLA is just all about your rights as far as taking a leave from you current job, having a job when you get back, etc. It does not offer you insurance or pay or anything like that, so you are barking up the wrong tree.

You have two questions you need to find the answers to...

1. When does the insurance coverage acutally END with the old job (some will go until the end of the month no matter when you quit)

2. When does your insurance begin at the new job. (It's possible that it could date back to the first of the month in which you start, but not likely)

If neither of the two are positive, then yes, you had better hope they offer COBRA. Not all employers offer it. Small businesses are not required to offer it.

Your hubby is not too bright to choose this time to switch jobs... unless he was forced.

leysarob

No. Cobra is your only legal option.

hr4me

He would have to qualify for FMLA leave first off, second of all he would have to pay for his insurance premiums while on leave.

If he is going to resign he will be offered COBRA coverage to continue your health insurance. It is the rate that the company pays plus 2%, same coverage, same carrier and everything else. This is the same cost (less the 2%) that you would have to pay if he goes out on FMLA.

If he does not return to work the company can charge you the health premium and in some cases the claims paid on his behalf. It depends on how they handle FMLA and people who do not return. Some companies tell you that if you take leave and do not return to work at the end of the leave (unless your health condition makes it so you can not work at all) the company has the right to charge back all your health claims to you since you took the leave with no intent to return to work.

Legally, he would have to have a doctor's note stating he has a serious health condition which makes him unable to work. Or that you are so ill he has to stay home to take care of you. Your doctor would have to fill out the Certification of Health Care Provider form and return it to his employer to certify the need for leave.

COBRA is your only legal option in this case. Best to find out what the costs are for coverage to take you through the gap between job changes now so you know what you are looking at.

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