Legal Question in Medical Leave in Virginia

Health Insurance Coverage

My company has 50+ employees and I am a full time employee and have been working there for over a year. Can my company cancel my health insurance coverage while I am on maternity leave?

My company is also asking me to resign if I do not come back to work right after the baby is born. What are my rights and do I need legal representation in this matter.

If there is foul play, what can I do to get proof that my company is trying to get me to quit and are trying to be divious about it.

Please answer me soon because my due date is close and I want to know about my rights. Thank you


Asked on 2/08/00, 7:49 pm

1 Answer from Attorneys
Kelly Henderson

Re: Health Insurance Coverage

If your company has over 50 employees and you have worked over 1250 hours in the last year then you should be able to request Family Medical Leave Act (FMLA) leave. An employer may not stop your health insurance during FMLA leave, although they may require you to pay that portion of the cost of health insurance you were paying while working, and the company will have to continue paying that portion of the cost of insurance they paid while you are working. You should be eligable for 12 weeks total leave for the birth and taking care the little one. The company can require you use all your vacation and paid sick leave time and use FMLA leave for what is remaining of the 12 weeks you are entitled to. The Department of Labor has a web site on FMLA (dol.gov). FMLA does not require you get the very same job back, only that you get a similar job at equal pay. good luck with baby.

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Answered on 3/22/00, 11:11 pm


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