Legal Question in Medical Leave in New Jersey

NJ Short Term Disability Medical Leave
My friend works for a very small law firm, in New Jersey. She is going on medical leave on May 24th for a double hip replacement surgery. Her employer advised her today that she would be responsible for covering her own health care premiums while she was on leave (referring to it as ''COBRA'' payments). Does here employer have the legal right to ask for this? Or his the firm responsible to continue to cover their portion of her medical benefits. There was nothing writting in their employee manual regarding this.

Asked on 5/22/07, 12:31 pm

Regina Mullen Legal Data Services, PLC

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Re: NJ Short Term Disability Medical Leave

If it's a very small law firm, chances are the FMLA doesn't apply.

If she is a valuable employee, they may be willing to negotiate with her.

If they called it under COBRA, her first stop is to find an attorney knowledgeable inj COBRA provisions to see what she can do.

But, given that her surgery is TOMORROW, it's a bit late to negotiate much of anything.

Answered on 5/23/07, 2:10 pm

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