Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today. I'm sorry to hear about your job issues and accident.
The law, specifically, the Family and Medical Leave Act (FMLA
), generally requires employers to preserve the employee's position for up to 12 weeks while he is on medical leave. One exception to that is, the employer can terminate employment while the person is on FMLA leave if it can show that the person would have been terminated in any event. In your case, you can take an FMLA leave up to the date that they already gave you as your last date of employment, but the employer may legally terminate your employment at that time; the FMLA would not bar termination
after that time.
As to your short term (and perhaps long term - if your medical need lasts beyond a few months) disability, your right to those payments does not terminate at your date of termination. Because you were injured while the policy is active, you are entitled to payments as long as you are medically not able to work for any employer. Your health insurance may be terminated on the date of your termination as well. However, if the employer has more than 20 employees, they must offer you COBRA
extension coverage for up to 18 months after termination. COBRA coverage is not cheap - you'd have to pay up to 102% of the premium for the plan, but you'll have coverage for the birth. Once, the affordable care act plans become active January 1st, you may want to consider going on a plan offered on the health care exchange because they'll be cheaper, cover pre-existing conditions and perhaps you'll get subsidy/assistance with payment of premiums and costs if your income is below the threshold for unsubsidized coverage.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.