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CA- corba

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  • CA- corba

    I was hired 8-30-2004.
    My employer prior has 20 employees and is owned by a larger corporation in Tiwan.
    I received 2 written notice for excessive tardiness and absents, after my second notice I was not late and didn't miss any days till I became pregnant, I only then took off partial days, because I then really knew I needed this job, because who is going to hire me pregnant, and I definately needed income. I didn't tell my boss or the HR manager I was pregnant. I did tell the girl I sit next to, which was a pretty close employee, we had lunch together, off work premises 3 of 5 days a week. after I told her i was pregnant she was very happy for me, but then all of a sudden she stopped even talking to me, almost instant, I had asked her on a few occasions if I did something. But no response from her indicated there was a situation, so I just went on with my work. I missed thursday and friday afternoon, thursday for my first initial marriage counceling consultation which could not be scheduled after work hours, and friday for my first prenatal visit. My boss returned from a month vacation after the delivery of his son that exact thursday. I have to have absent noticed signed by my boss, or HR if he was not there so Thursday and friday I had him sign these with the reason and the doctor notes. the following wednesday a situation arised when I walked into the department and my co worker was talking about me to another co worker. I told her maybe she should confront me instead of talking about me, she instantly became very defensive... me being pregnant didn't feel as though i should be in such a stressful situation and decided to remove myself at that moment. I called my boss on his extension, he was not in his office. I got an absent notice wote the reason i was leaving for the afternoon, and that i will return the next day, I gave this to the HR manager and told her I needed to leave. I left and called my boss from my cell phone and left a detailed message of what happened, explained to him that i was unable to locate him and that i gave the hr manager my paperwork. I also mentioned in my voice message that i would like to have a meeting with hr to explain what has been going on with my co worker. when i came in Thursday morning no one said anything to me, my boss didn't even communicate back to me about my message, though i di send him and email confirming if he listen to my voicemail, with no response. Friday I came in and worked the whole day, till the last hour, my boss asked me to come into the meeting room, I finished up my order I was placing and walked to the meeting room, as my co worker is laughing out loud, like she knew and she was so happy. My HR manager and my boss were there and my boss told me that they have to let me go and then gave me a termination notice, for not being able to complete assignments. He aslo told me that you can not just walk out on any job, he said he understand I wrote a "letter" (not absent notice) and gave it to HR, but I should have came to him. THat it was unacceptable behavior, and if he allowed me to continue my position , it wouldn't be a good exanple for the other employees, and they would reflect on my actions ( i wasn't any type of managment, I was order entry desk /sales) The Hr manager didn't say anything in the meeting, untill my boss went to make copies of the termination paperwork , which i didn't agree with, they told me i had to sign, so i wrote a line throough the reason they terminated me and intialed it. Of course i am a bit emotional due to being pregnant and losing my job, so I have some tears.... My hr manager tells me " Everthing will be ok" I just lookd at he and asked "how?, pregnant and i have to get another job?? how is that going to be ok? so.... where is my COBRA paperwork, cause I am going to need to go to the doctor, being preganant and all" she looked at me puzzled, I said.. ya know the stuff that lets me continue my medical coverage? she then said " oh, kiaser will send it to you." THis happened June 22, 2005.

    I have received from kiaser no COBRA paperwork or election forms. I have gotten a certied letter from the hr manager about continuing my dental and life insurance plan. that it is no longer covered as of 8-1-05, and if i want to continue i need to send payment to them (my employer) by 8-8-05, and all subsequent payments by the 20th. if they do not receive payyment by the indicated date they will have no choice but to terminate my name from the dental and/or life insurance company.

    Today is 9-27-05 .

    now is kiaser permante responsible to send me cobra enrollment forms? or is that the hr manager job? they have 45 days to send these if the hr manager is the plan administrator correct? and I have 60 days to elect if I want to continue with any beinfits that I am offered, such as the dental, or did i have to send payment on 8-1-05? Kiaser sent a letter and subject # 3 says COBRA " contact your employer or cobra administrator for details on enrollment and rates for cobra.

    so who is supposed to send me an enrollment form, I went to my first prenantal, byt my ultrasound and the reading of it was scheduled for after the date my coverage ended with my employer . I really want to sign up for cobra... I am already working again, but through a temp agency.
    thanks for your followup !!

  • #2
    In most cases your employer is responsible for sending the COBRA forms. They have up to 44 days to send them; you then have 60 days to make the election and, from whatever day you elect COBRA, you have 45 days to send them the first payment.

    Regardless of how long it takes, when your coverage is reinstated it MUST be retroactive to the first day of cancellation so that there will not be any gap in coverage.

    If more than 44 days have passed and you have not received any COBRA information, you can file a complaint with the US DOL (which is the regulatory agency responsible for COBRA).
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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