How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111468
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have a very important question relating to my FMLA/LTD/

Customer Question

Hello, I have a very important question relating to my FMLA/LTD/ ADA benefits. I had cardiac arrest on Nov3 of 2014. After being in the hospital almost 4 weeks, experiencing a coma, respirators and a trach. I was sent home with what has been determined as a paralysis in my larynx which does not allow me to return to work as certified flight attendant.
Now I have not been able to return to work since Nov. yet I faithfully every month have kept my employers Mesa Airlines of Phoenix Arizona in the loop with doctors updates.
For some reason ( which I am shocked and upset about ) the employer Mesa sent me an email on June 22nd, 2015 ( never called ) stating as of June 30th ( which was in 7 days and 10 hours ) that my insurance benefits would terminate.
Then on Friday they sent a mailman to knock on my door and give me a letter stating my benefits would end the next day as a disabled employee.
I never ever even got a 60 day or even 30 day notice.
I immediately emailed and called them on Monday to help me understand this gross error.
No one called me back. Now today on July 1st the day it was suppose to cancel; I had to keep calling the company .
MY DISABLITLITY IS A PARALYSIS IN MY LARYNX WHICH MAKES IT HARD FOR ME TO TALK MORE THAN 10 MINUTES AT A TIME. IT ALSO MAKES ME BREATH FUNNY WHEN UNDER EXTREME STRESS OR UPSET. WHICH I WAS KNOWING THEY NEVER GAVE NOTICE AND TERMINATED MY INSURANCE BENEFITS.
KEY POINT: I AM REQUIRED TO SEE EITHER MY HEART OR LARYNX DOCTOR EVERY MONTH AND HAD MAJOR THROAT SURGERY SCHEDULED FOR JULY 15TH 2015.
I BELIEVE THAT THEY HAVE VIOLATED MY FAIR LABOR EMPLOYEE/EMPLOYER RELATIONS AS AN EMPLOYEE ON LTD.
I ALSO DO NOT BELIEVE IT WAS LAWFUL TO JUST CUT OFF DISCONTINUE MY MEDICAL BENEFITS WITHOUT NOTIFICATION.
CAN YOU PLEASE ADVISE?
MY DIRECT NUMBER IS #***-***-****
NAME IS LADONNA
******* I THINK I NEED TO PURSUE THIS LEGALLY ******
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unless the terms of your union employment contract grant you these rights of 30 or 60 day notice, the Family and Medical Leave Act and COBRA do not grant such rights. Under FMLA, the employee's right to job and benefits is protected for up to 12 weeks. After that 12 weeks, the employee may be terminated and their benefits may be terminated as well and in that event the employer must offer a continuation of benefits under COBRA, which is where the employee has to pay the benefit provider or employer to keep their insurance benefits.
If the employer is not offering you extension of benefits under COBRA, then this would violate the law and would be a basis for a complaint to the US Department of Labor, since they enforce the COBRA requirements that the employee be given information on how to continue their insurance benefits upon termination of employment.
The fact that you are out under disability, again means that they can terminate you if you are beyond your 12 weeks protected under FMLA, unless your union contract says something different.
If your union contract says something different than HIPAA, then you have the right to file a grievance under the contract as this would be a breach of contract issue and not one of violation of the federal laws and you would have to seek to take it to arbitration per your contract rules. If you are not a union member or are not under a union contract though, I am sorry to say that you are not going to have those additional rights that a union contract may provide.
The fact they gave you notice on June 22 that your benefits would end and you would be terminated on June 30 would be proper notice. If they did not provide you notice about continuation of those benefits under COBRA, then that is a violation of the law and one that you need to report to the US Department of Labor for them to investigate and get you those continuation of benefit rights.