FMLA Help

Princessn678

My husband went on FMLA after the birth of out daughter on 3/25/10. He ended up not returning to his job after the 6 weeks was up because we moved out of state and his transfer with his company fell through. Well we just received notice from our medical insurance that his company said he terminated his employment as of 3/24/10. He contacted his HR dept. and they are saying that his FMLA leave was not approved. Which he was never told. He filled out the paperwork that was given to him, he even told the Executive Assistant that he didn't think it was the right paperwork. She said if there was a problem she would get back to him. He never heard anything from her. Is there anything legally we can do?

miaomi

Is the conversation between him and HR in writing at all?  If so, then he can fight it.  If not, it could be he said, she said.  That's why it's best in this type of situation to always follow up with an email. i.e, "just wanted to double check that you will be contacting me if the FMLA paperwork I turned in is not correct as I suspected."  Then he could prove his story.

He should go above the HR person he delt with's head and explain.  They may help him...

good luck!

yankeebaby2

Do yiu have copies of his paperwork?  Was it unpaid or paid?  Do you have a letter stating he was approved for leave?

And is the issue now that the insurance did not cover the birth of your baby? 

mrs.jennandkyle

I think (think) that if you take FMLA using your medical benefits and do not return to work after the leave, you have to pay your medical benefits back.  I am not positive about this, but it might be what you're running into.

mrstarawalsh

No. Since he didn't go back they have no leagal requirement to extend his benifits anyway.

mrstarawalsh

mrs.jennandkyle:

I think (think) that if you take FMLA using your medical benefits and do not return to work after the leave, you have to pay your medical benefits back.  I am not positive about this, but it might be what you're running into.

You are correct. Since he didn't go back he did, indeed, terminate his employment the day he did. All FMLA does is hold his job/ benifits if he chooses to go back to work. Since he didn't go back there is no reason for FMLA.

Princessn678

DH talked to FMLA Rep. and they are in the wrong. She told DH that the only thing that would make it right would be if there was a portion of the insurance premium (usually comes out of your pay check) that we needed to pay and didn't then it would legal for them to terminate insurance. But his company does not take anything out of his checks for insurance. So they terminated out coverage illegally.