Nedd info on insurance/COBRA

My daughter is pregnant and due any time. She has insurance through her employer which includes pregnancy. Her Dr. put her on maternity leave starting this week and she is now being asked by the employer to switch to COBRA for her insurance for the duration of her maternity/disability leave. That would cost her almost 500 dollars a month which she does not have. Is that legal?

She is more than willing to pay her usual insurance rate while she is off work. (they usually deduct it from her check) But they are wanting her to pay the entire cost.

They did not do this when she had her son 3 years ago.

Is that legal?? I never heard of any company requiring their employee on maternity leave to switch to COBRA insurance. I thought that COBRA was if you were layed off.

Same here, momcat. When I left my last public job I took on COBRA. (It was very expensive but had to have it at the time.)

Zany, it sure sounds illegal to me (to still be employed, on maternity leave, and have to pay ALL insurance). I thought that's why you pay on a regular basis, so that when something comes up (sickness, disability, pregnancy) you're covered.

Zanymuse,
Not legal! Cobra is only to extend insurance benefits for people when they leave employment, not when pregnant. Tell your daughter to talk to the HR manager ASAP.

Furthermore, there is a law called FMLA "Family Medical Leave Act" which safeguards employees jobs while out on a personal or family leave for medical reasons. If your daughter has been employed for at least a year and if her employer is large enough (50 or more employees) - - then she is fully protected during this time. See attached link for more info. http://www1.hrnext.com/Article_List.cfm/Nav/1.44.161.0?source=MKD&effort=539

COBRA is insurance that you go into after 1 year of being unemployed. Your regular insurance should cover you for one year and then COBRA kicks in. I believe you can get COBRA for 18 months and it is very expensive! I know first hand. Had to have it after DH couldn't work due to car accident.

Your Family Medical Leave should not only pay for insurance premiums, but pay you while on leave.

I would definitely investigate that. It sounds like someone at that company is seriously confused.

Kathy

hmmm, I just took 6 months (yes, MONTHS) of unpaid leave (FMLA leave), and was allowed to continue my insurance as if I were still working. I just paid the premiums every 6 weeks or so, the same amount that would have been deducted from my pay.

Now, since my leave has expired (to say the least) I'm going to have to do the Cobra thing, and it ain't pretty. At any rate, I am very grateful to my former employer. They did way more than the law requires.

assuming the employer is required to honor FMLA, and she is a qualified employee ...
(c) MAINTENANCE OF HEALTH BENEFITS.--
(1) COVERAGE.--Except as provided in paragraph (2), during any period that an eligible employee takes leave under section 102, the employer shall maintain coverage under any "group health plan" (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986) for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.


from http://www.dol.gov/esa/regs/statutes/whd/fmla.htm

For what it's worth ...

Cheri'

I will have to investigat the laws closer. She has been with the company over 8 years and they have over 150 employees most of the time with it dropping down to 100 now and then when things are slow.

She called the provider who said "That doesn't sound right" and then COBRA who said that they can pretty much do as they please!

This girl cannot take much more right now. She has 3 kids already with 4 due any minute, is filing for divorce because her husband started taking drugs and is a jerk and had gastric bypass done about a year ago so that this pregnancy has been a nightmare from day one. The bank is trying to attach her wages because the Jerk took the car and then didn't make the payments so the reposessed it after he wrecked it while on drugs. Since she had not had a chance to file papers they are going after her. Her whole life is turned upside down but she has been a tough little cookie and been struggling along on her own. She stayed with this company (In LA) because of the insurance rather than coming here where we could be with her and now they are trying to do this to her.

Sorry to rant but I am afraid for her right now. Thanks for the links, I'll check them out tonight!

Zany,

I am so sorry that you and your DD are going through all this termoil right now, especially in her condition.

I just asked my DH about your question on Cobra, as we had to deal with it when he got layed off 2 yrs. ago. He says they can't do that when you go on Maternity leave, but he is going to call his friend in HR tomorrow morning and get the real scoop for you.

Donna

Donna, thanks! Any helpful information will be appreciated! I have found a lot of info on the subject but they may be trying to squeak through a loophole somehow. I have to find out when she returned to work after her surgery. I am sure it was over a year ago and she was not off very long but they may be claiming she used part of her 12 weeks at that time. Even so it would not kick in until she was off a total of 12 weeks in a years time.

I also see that in order to count the time she was off prior to this they would have had to notify her in writing that they were treating her time off as Family leave time, which I am certain they did not do.

Brenda, I am so sorry to read all of this. Pregnancy is such an emotional time anyways and the poor girl has to deal with a jerk husband and oportunist employer at the same time! Good grief! Like most of the others said, I have never heard of anyone being offered cobra without having been laid off or let go. It makes no sense at all. Aside from the husband factor, we went through the other part when I was pregnant with number four too. I'm sure your daughter is terrified and very worried. I wish there was something I could do or say to make it better. Many hugs and prayers for your family.

Well, I don't know what the outcome will be yet but my daughter has a friend who is in Family Law that has agreed to look into this. So now we wait.

After reading legalese half the night I am more certain than ever that there is something very wrong whith this situation. I just hope it can be cleared up before she goes into the hospital so the delivery will not be shadowed with worries.

I think something is very wrong with that picture. She should have coverage for at least 30 days but I think with a pregnancy she would be covered no matter.

Brenda, you have mail

Donna

Zany, I'm so sorry your daughter is going thru this at a time in her life that she doesn't need to be worried about anything. I have never heard of anyone being on Cobra while on maternaty leave. Something isn't right, maybe the person that told her that doesn't know what they are talking about.

Thanks for the helpful insight and links! As of late this afternoon the problem has bn taken care of. The lady in the benifits office is not new at her job but has let her ego get in the way of her duties. It seems she has pulled this stunt on several people she does not care for in the past. After reading up on it and getting down right angry, I placed a call to the owner of the company and talked to him at length (I used to work there and know him well). My DD will be covered as she is supposed to be and will be returning to work after her leave is up to a new position for which she is to recieve extensive training at company expense....guess who's job she will be filling! With flexible work hours to make things easier for child care and a raise.

AND! She will be paid while on leave :~)

All this without a lawsuit, lawyer or threats. Just a nice little chat one parent to another. LOL it sure pays to stay on good footing with ex employers :~)

Yea Brenda,

This is such good news.

Now for the hard part....giving birth to a new child. I hope all the stress she is going through with her marriage doesn't hurt the baby.

Keep us updated on when your new grandchild is born.

Donna

Oh, now you know I'm gonna brag all over the forums when the baby arrives!

She has had 2 contractions in the last 24 hours and is hoping that the baby will be born in the next day or two. So far everything is looking good and the heartbeat is strong. Baby has dopped into position and it is just a matter of waiting....and waiting...and...

Isn't it wonderful when the employer turns out to be human, after all?

So glad to hear about your daughter's promotion, and that she will have peace of mind during her leave. She doesn't need to worry about anything except that baby right now!

Congratulations in advance.

Cheri'

GO MOM! LOL Well Zany, you are one heck of a woman, but we all knew that. ;) I am glad this came to a nice ending. Now, where is the baby???? Hugs!

The baby is hanging out in the kiddie pool, kickin his feet and tickling Mommies insides, while deciding if he wants to explore the little drain plug or stay put.

They have always told me, if it is a girl, wave a credit card around and they will come shooting out! LOL Do we know what the baby is?

lol Michele...

We didn't try it Donna. Number five shot out regardless! LOL Hey she said "Push" then "Stop, stop". There ain't no stopping! I was ready to be done! LOL And number five was my smallest. Now if number six would be about a pound lighter....giggle. Hey, it would stay small longer, right??? So long as it is full term, it's all good!

In the Sonograms it appears to be a boy. I just got off the phone with her and now that it is daylight he has settled down and gone to sleep... on her bladder of course! And her 3 year old boy is now talking to him through her belly and telling him to come out and play. If a credit card works on a girl, what do you use for a recalcitrant boy?

The TV remote.

Hmmmm, can you say Nascar?? LOL

Hmmmm, maybe the remote and a TV Guide with Nascar entries highlighted?

There ya go! Maybe a nice TiVo system. LOL

I'm gonna pay for saying this....but wave a can of beer. LOL

NAW, Beer is only good for adding shine to hair (as a rinse) or basting a Turkey or baiting slug traps ;~)

LOL No baby yet huh?? Okay, try a fishing rod, chocolate, money, a high bounce ball, a pacifier, then the credit cards. Surely one of those will appeal to anyone! :)

You forgot to mention a greenhouse, Badseed.

Oh Yeah! Don't forget pics of tropicals and a nice glasshouse!! My tastes are improving! LOL (No the budget has not, but hey, if you are gonna dream, dream BIG!)

No baby yet but Justin held the phone to her belly and told me to talk to the baby. I asked him what he wanted me to say and he told me to make him "Get out my Mommy NOW!"

Zany that is the best news and know that was a load off your DD.

LOL Is that like long distance coaching? You can call me at nine months and yell at my belly too. :)

YEP! It is breaking my heart that I can't be there in person but the phone is getting a real work out. She has me on speed dial on the cell phone and even had them play the baby heart monitor for me on her last office visit so I could hear his heartbeat. But I don't think they will let her have the phone on in the hospital labor room :~(

Oh that stinks that you can't go! No way you can swing it at all?? Hey, I'd be willing to come to CA to have mine. ;) Hey, maybe she can call you on the cell phone and scream in your ear! That would be nice and make you feel like you are there.

Oh goody I'll be an uncle again.