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exceeded FMLA LTD,was not notified terminated

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Amnesia22

Guest
Worked at a bank in Michigan. Haven't worked since April 2002. Been off on disability. I received COBRA papers in the mail on August 28 and papers are dated August 26th. The COBRA papers read that my termination date was August 5. I was never notified that I was fired. NEVER! I had 8 treatments done after I was fired, so I have to buy the COBRA. The treatments cost in excess of $700/each. I don't believe I should have to pay for this, because I wouldn't have went for the treatments if I would have known I didn't have health insurance. Doesn't my employer have to notify me when they terminate me???? To find out by receiving COBRA papers in the mail 3 weeks after the fact is totally wrong. Please Help.
 


Beth3

Senior Member
I don't know how your COBRA notice reads but termination of employment and termination of group health benefits are two different things. Naturally coverage typically ends when employment does but it's quite possible for an employer to terminate coverage (and offer COBRA) when an employee has reached the maximum time required under FMLA (which is 12 weeks) and/or by company policy and still not terminate you as an employee.

In any event, if the employer is self-administering COBRA, they have 44 days from the day coverage ends to send you the notice. If they have an outside administrator, then the notice must be sent within 14 days. If they met the time limit under COBRA regulations to notify you, then they've fulfilled their legal obligation.
 

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