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FMLA explaination? |
My husband plans to quite his job on Aug. 8th. He begins his new job on Aug. 18th (he cannot adjust the start date as the training is a classroom group training that lasts 6 wks). Medical insurance from his new job will not start for about 8 wks. Here is the thing. I am due to have our first baby on Aug. 20th. We need to be on his current jobs medical insurance for the delivery of our baby. Is it legal for him to start a leave of absence under FMLA on Aug. 8 and then not return? In his employee handbook it says. "you may be periodically required to report on your status and intent to return to work". If he uses the FMLA for insurance until our new insurance kicks in can his company come back around and sue us? Is the COBRA act our only legal option in this case? Thank you for all of your help! I know...our timing sucks. FMLA would not be an option for him if he does not plan to return to work. Cobra is your only option. Bad timing!!! I don't know if it's legal, but it's certainly not ethical. |
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