Legal Question in Employment Law in Florida

FMLA & Benefits

1/27/09 - My job is being eliminated and I am 5.5 months pregnant. Been there 10 yrs. My company is being very gracious and allowing me to work until I go on maternity leave in May. They will pay full salary throughout maternity leave, a generous severance, and pay out my PTO. I am very fortunate for these generosities. My question is regarding benefits. My benefits will continue thru maternity leave. Thru FMLA is there anyway to extend that further (w/o switching to Cobra). With FMLA, if I kept my job, I would have taken 6 weeks of full pay maternity and then 6 weeks of PTO through FMLA. Do I have any rights regarding the extension of benefits through what would have been my time off from FMLA? Thank you for your help.


Asked on 1/26/09, 8:43 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: FMLA & Benefits

generally no. The benefits will become your responsibility, but it is something to consider when you are negotiating your severance. Will the severance pay be enough to cover the cost of COBRA?

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Answered on 1/27/09, 12:41 pm


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