Hello.. I am hoping for some advise regarding Health Insurance cancellation. My work, without any notification, has sent me a Cobra insurance continuation form last Friday which states that I will not have insurance starting April 1 due to the fact that I have reduced hours. I have been on maternity leave since January 1 and gave birth on January 28 via c-section. I have a doctor's certification that I can be out till May 6. Can they do this? I was not expecting this. And if they can do this, do I not have job protection as well?

When were your hours cut? Do you qualify for FMLA (worked for employer for at least 12 months, worked at least 1250 hours in 12 months proceding leave, and work with 50 or more employees within a 75 mile radius).

FMLA only covers up to 12 weeks. If my calculation is right if your do qualify for FMLA, your 12 weeks would be up next week. So your job is only protected until your FMLA is up (12 weeks) even with a doctors release until May.

IF FMLA applies, then during the time you are on FMLA your employer is required by law to continue your health insurance benefits, although you are still obligated to pay whatever portion of the premium you would be paying if you were working.

If FMLA does not apply, or if FMLA has expired, they have no legal obligation to continue your health insurance unless a binding policy or contract says otherwise. They are free to discontinue it, although they are required to provide you with COBRA information.

They may legally cancel the insurance until such time as they have received your COBRA election form and your first payment. At that time, reinstatement must be retroactive to the cancellation date.

Thanks so much for the replies. I was hoping that was not the case. I am under FMLA and it will expire next week - March 24 to be exact. One of the problem I had was that I was never given any notices on it and was surprised to see the Cobra continuation form last Friday to include that my hours have been reduced. I haven't contacted the HR person as I've been upset about this and seek advise on my next plan of action. In this case, I will have to pay the health insurance premium.

So your job is only protected until your FMLA is up (12 weeks) even with a doctors release until May.

In Ca. most female employees can take up to 4 mos. of leave for childbearing & pregnancy related disability (subject to med. certification that an actual disability exists) under the Fair Employment & Housing Act. The fed. FMLA & the state act are generally in alignment except in Ca. a woman can take a 4-mo. pregnancy disability leave followed by a 3-mo. fam. med. leave. This is the rare circumstance when leave under the FMLA & Ca. Fam. Rights Act don't run concurrently--FMLA leave will run concurrently with the 4-mos. of pregnancy disability leave, after which the Fam. Rights Act rights can be invoked for an add'l. 3-mo. leave.
This is all job protected leave. However, all women will not qualify for the total 7 mos.

Contact an attorney they still have to pay out on a issue that happened while you where covered. Which means the C-section,and all related follow ups.
JoeC