.......................

[C.Ann]

......................................

 

[MushyMushy]

That poor thing. If it's not one thing it's another for her.

 

[Hedy]

Jesus christ.

 

[bridget&jimmy]

It should still be affective until she receives notification from the insurance carrier, then after that she can pick up cobra or find a new policy. Even if they did cancel it as of that date, she can just pick up cobra until her husbands new policy kicks in. So worse case scenario is that she has to pay cobra for 1 month and her surgery will be covered.

 

[The_Horned_King]

umm... I think you are covered for like a month after termination due to the hipa act/law. I may be wrong on that though, so don't just take my word on it.

Honestly, If the company she worked for(for 13years) were that jerky and mean that they fired her while she was on sick leave (not sure it's even legal to do that) then she is better off without them. She should find a company that cares! They obviously don't.

 

[Claire L]

Wow how could they do that surely your DD's employment is protected by law?



Claire

 

[CapeCodTenor]

DD received a letter in the mail today from her employer notifying her that she has been terminated - effective the same day she had her surgery.. (That was also the same day that her Family Medical Leave Act ran out, but there was no way they could schedule her surgery sooner..)

First off, I'm sorry. Secondly, that just sound a bit wrong to me. She should have an attorney look into that. Firing her the same day as her surgury? That's just wrong.

 

[Claire L]

Reading from here it says -

Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.

Protection of employee benefits even while on leave. An employee is entitled to reinstatement to all benefits that the employee was receiving before going on leave.

Protection of the employee to not have their rights under the Act interfered with or denied by an employer.

Protection of the employee from retaliation by an employer for exercising rights under the Act.

Generally, the Act ensures that all workers are able to take extended leaves of absence from work to handle family issues or illness without fear of being terminated from their jobs by their employers or being forced into a lower job upon their return.


HTH

Claire

 

[DisneyMommyMichelle]

 

[LuvOrlando]

It should still be affective until she receives notification from the insurance carrier, then after that she can pick up cobra or find a new policy. Even if they did cancel it as of that date, she can just pick up cobra until her husbands new policy kicks in. So worse case scenario is that she has to pay cobra for 1 month and her surgery will be covered.

Brilliant

It may be pricey but there is a very limited window through which she can get COBRA. Waiting to see what the Insurance carrier might do before she opts to accept COBRA would be a bad idea because they might not make up their minds until after her window has closed. Its doubtful her DH's policy would pick up the surgery since the start date might be the day after she lost her job, and even if they would take it they might have pre-certification requirements that she can't possibly adhere to after the fact.

 

[minniecarousel]

Can they DO that? (I didn't think you could fire someone who is ill!?)

Did they give a reason for her termination? It may be a good thing for her to get outta there, but it should be HER decision.

sheesh - nothing is easy!

 

[countingthedays]

DD received a letter in the mail today from her employer notifying her that she has been terminated - effective the same day she had her surgery.. (That was also the same day that her Family Medical Leave Act ran out, but there was no way they could schedule her surgery sooner..)

Now the question is - was her health insurance still in effect that day or not?

This is not good - not good at all.. She's in tears - 13 years down the drain.. The most I could offer her in terms of comfort is that she'll probably be able to qualify for unemployment considering the surgeon has released her to return to work on Monday..

Her DH will have to pick up health insurance from his employer now - which I believe is quite a bit more than what she was paying..

Maybe this is a good thing.. Maybe it was time she got out of that place.. But for now, she's very, very upset..

First, I am so sorry this happened and I wish your DD a quick recovery from her surgery and continued good health.

Secondly, although your questions are simple on the surface, there are factors that could influence and/or negate some of the information others have posted. I'm not saying this to concern you only to point out that this is a difficult emotional time and your DD needs to get accurate information on her policy and coverages and her DH needs to do the same. For example, it's impossible to say if she will lose or coverage immediately or at some future time. The answer depends on several factors such as: how the policy is written (she should have been given an SPD, Summary Plan Description, that provides for quick answers to benefits and coverages, but the actual plan document will always govern), does coverage end the day of separation or is it continued thru the end of the month the separation occured? does her employer offer an extention of benefits after separation (for example, it is not uncommon for an employer to pay for month or more if the employee was separated involuntarily)? If not, is this something she can negotiate? COBRA is indeed and option. Generally speaking, she should be able to get coverage immediately under her DH's policy (typically under the classification of 'life event'), but again, that all depends on how his policy is written. Most, but not all, insurance policies now provide benefits (not invoking a pre exsisting condition clause) if there has been continuous coverage (which it appears she has), but again, it depends how his policy is written.

I want to reinforce that I don't mean to scare you with what I've said, I only want to point out that there are some really big pieces of information you need to have before your questions can be answered and a quick call to both DD's and DH's HR department should give you immediate answers and then they can determine which is the best course to take.

 

[MareQ]

Can they DO that? (I didn't think you could fire someone who is ill!?)

Did they give a reason for her termination? It may be a good thing for her to get outta there, but it should be HER decision.

sheesh - nothing is easy!

Of course they can. OP said they have her date of termination listed as the date her leave under FMLA ended. If she did not return to work after the end of her leave - the employer has no obligation to hold her job for her.

Sucks - but they didn't do anything "wrong".

 

[PlutoPony]

Believe most companies now have health insurance end and begin on the first day of a month so your daughter's husband might need to get her added TOMORROW for April coverage. I remember a year ago when DH changed jobs he started Aug. 28th (or something like that) rather than Sept. 5th so we'd be covered beginning September with his new company. Otherwise we'd have had to pay COBRA for September coverage thru his old employer since starting Sept. 5th meant new coverage wouldn't kick in until October. Hope this makes sense but I think the end/beginning of a month are more crucial now for employer based insurance plans....

 

[LadyyRedd]

Her insurance should be effective through the last day of the month in which she was terminated. Her husband should be able to pick her up effective the first day of the next month. Loss of coverage is a change of life situation and your husband should have no problem adding her once they receive a letter stating which day the insurance was terminated. If that doesn't arrive prior to the first of the month, she may have to pay out of pocket for a few things until they get that letter, but then her husband's insurance should retro everything and reimburse for any out of pocket expenses that she had to incur that would've normally been covered.

Kimya

 

[4nana]

Bless her heart, I can imagine how she must feel . After all the illness she's suffered for months, this is like the straw that broke the camels back.

I hope when she gets over the shock she'll come to realize this could actually be a blessing in disguise as many times things do happen for a purpose. Trust that God doesn't close one door with our opening another.

My thoughts and prayers are with your DD for a speedy recovery and that everything works out for the best for her. Godspeed

 

[Disneyanajc]

to your daughter.
JC

 

[Beth76]

Not sure this is the same thing since my DH quit his job. He left his old job in the middle of this month and we still have the old insurance paid through the end of this month. His new insurance kicks in next week.

 

[powellrj]

when I had surgery last year, I was on family and medical leave and I received a letter from my employer saying if I didn't return to work by a certain date, I would automatically be terminated. I could re-apply for my job, but I was guaranteed nothing. I think thats standard in many jobs.

She will be able to sign-up for cobra if she isn't covered. You have so many days (I forget now how many) to sign-up for Cobra after you leave your job. My DH left his job and we thought we were covered by my insurance, but I found out I was pregnant the next week. My insurance wouldn't cover me because they said it was pre-existing, but we were still within our Cobra sign-up so they covered the pregnancy.

 

[sorcerormickey]

That's just a really lousy thing for them to do. Hugs to you guys!