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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31732
Experience:  JD, BBA, recognized by ABA for excellence.
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my wife was hurt and off work for 52 days when she returned

Customer Question

my wife was hurt and off work for 52 days when she returned to work she was asked to fill a rehire application and lost her 15 years senority was told she had to get cobra ins for july although she returned to work june 24 I could us some answers please
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your wife's difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Was your wife on FMLA leave while off work? Does the employer have at least 50 employees? Do you know why the employer is requiring your wife to obtain COBRA benefits for July when she was rehired in June?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.


on emergency medical leave 140 employees they told her she was out of work 90 days she was out 51 days wth her injury she was off 49 days with me when I had my left leg amputated

Expert:  Tina replied 1 year ago.

I see, Danny, thank you for providing this additional information. It leads to a couple of more questions if you would bear with me.

Had you wife worked for the company at least one full year prior to taking leave? Had she worked at least 1,250 hours during the past year for this employer?

Customer: replied 1 year ago.


she worked for them since april 1999 and she more than 1250 hours she worked full time I did tell you but she used fmla when she was off we me

Expert:  Tina replied 1 year ago.
I see. If she just took off the 49 days for you this past calendar year and had not yet accrued additional FMLA time, then it does appear that she exceeded her leave time under the FMLA and her job would no longer be protected.

Under that scenario, an employer could typically terminate an employee's employment unfortunately and require them to reapply for the position, losing their seniority or other unvested benefits. It is very unfair in a situation like this where the employer obviously wanted to retain her as an employee since she was rehired, but it is not prohibited by law where an employee exceeds their allowable time off under the FMLA unless the employer violates their own policies.

The employer may have advised her to continue COBRA coverage through July because their insurance benefits require a waiting period before the benefits are effective. That would typically be appropriate if the employer has a waiting period before benefits are effective following a new hire.

If that is not the case, please let me know and I would be happy to address the issue further.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31732
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 10 other Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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