Legal Question in Employment Law in Georgia

My wife has recently had our first child. 5 weeks into the maternity leave, our HR calls and say that she has volentarily terminated her employment. She does not have qualify for FMLA but it seems to me that since she had a note from the doctor approving her to return to work in six weeks that, that would keep her from loosing her benefits. Since she "terminated" her own employment she lost all her benefits. Well we recieved an email from HR about cobra. After reading the email we realized that the benefits offered by cobra had expired the day before HR sent the Email. How is that Legal?

That isn't all either. A few days ago we started to get back bills from the delievery. Our insurance was company said that the insurance had been cancelled on 5/6. our baby was born on the 5/10. My wife had paid time off hour and took them before the baby was born. The first of those days started on 5/6. So our HR cancelled our insurance while she was still an employee. Our insurance company also informed us that they recieved notification the insurance had been cancelled on 6/12 when it was cancelled on 5/6. I dont know if what they have done is legal and whether in should find an attorney for this major problem on my plate. PLEASE HELP!


Asked on 8/03/10, 8:06 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

This is not an issue for an internet forum. Many facts are missing, starting with the complete absence of any facts concerning discussions that took place when she notified them of her leave, and then when she left (assuming she did not simply not show up that day and nothing was said by either side until 5 weeks later). Further, a doctor's note does not create any right or entitlement to a job or benefits.

It might be a benefit with a lawyer that primarily handles employment claims -- there are several in the Atlanta area. Ask for referrals, and not just solicitations on websites such as this. Be prepared with all facts and documents. Even if there is no entitlement to employment (which likely might be the case with no FMLA), the true termination date might be altered, and COBRA notices amended, so you get insurance.

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Answered on 8/09/10, 6:47 am


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