Legal Question in Medical Leave in Florida

Re: FMLA Leave Exhausted

COBRA is only used when you have lost your insurance. So, if the company is terminating you, they have to offer you to continue your insurance by paying for the premiums (actually up to 102% of the premiums) yourself. For example, if the company paid for your premium in the past, say $400 per month, they can now charge you $400 or up to $408 per month, if they have in fact terminated you.

If not, then COBRA does not apply and you should still be covered by your insurance as an employee.

If they have terminated you, they probably can not continue to offer you insurance and pay your premiums, except under COBRA, per their insurance policy. (Policies generally do not allow companies to cover non-employees, except for dependents of employees.) They could pay the premiums under COBRA, but that is very rare. Since you are no longer an employee, they have no reason to pay for you.

If they have in fact terminated you because of the cancer, and you are able to work with or without an accommodation, then you can bring a disability discrimination lawsuit against them. You must first file with the EEOC or the state human rights agency and then can go to court if the matter is not settled. (See EEOC.gov.)

You do not give much information, so I really don't know what's going on - I hope this general information helps.

Good luck and be well!

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parites involved in the matter.