Legal Question in Medical Leave in Alabama
FMLA and health insurance
I just recently started having new on-set seizures. After spending 2 days in ICU a coma and 3 more days in the hospital, the doctor's found a mass in my brain. Which is going to require A LOT of follow up visits and test, and most likely surgery. By state law I am not allowed todrive until I am seizure free for months, which means I am not able to work. My company granted me FMLA but will only allow me 12 weeks, and the are wanting me to pay the full price for my health insurance. I just need to know if this is legal? I can not pay if I can not work. The doctor will not do the surgery if I do not have insurance or can not pay him about $125,000 up front. If I do not have this surgery, I will most likely die. I have worked for this company for 2 years, can they just leave me to die now?
2 Answers from Attorneys
Re: FMLA and health insurance
Not exactly. This is a complicated issue of the FMLA. I recently dealt with this in a case in Birmingham and the nuances of the law are very subtle. It depends on the type of health insurance and how it is normally paid.
Please contact me immediately at [email protected] and I will get started on correcting this point. You have rights.
Sterling L. DeRamus
Attorney at Law
2015 First Ave. North
Birmingham, Alabama 35203
Re: FMLA and health insurance
Since this seems to be an emergency I'll also post my phone number as you need to take immediate action (i.e. by the end of the week). I would ask the administrator to allow an exception in this instance. Thank you.
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Sterling