Question
What is the name of your state? NY
MY MIL is currently undergoing treatments for cancer that leaves her unable to work at her previous job. She has had disability insurance up until now, but that is coming to an end (at 26 weeks). Her employer now wants her to turn in her resignation effective Oct. 1 and is telling her that her insurance ends on Oct. 1 and she will be eligible for COBRA (which she can not afford at this time). I have a couple of questions:
1) Is there a stipulation that my MIL can apply for to have FMLA for longer than the 12 weeks?
2) My mother had FLMA coverage for a year in her job, but it was also through the state, so I don't know if it was a contract coverage through her union or what.
3) My sister had FLMA coverage in her non-union, non-state job that was good for a year, so I am wondering if there is a loophole somewhere that my MIL qualifies for.
4)because they are asking her for her resignation and not terminating her position automatically, I'm wondering if there is some sort of loophole THEY are trying to get through so they don't have to give her coverage after Oct. 1st.
Any help or guidance you can give me would be MOST appreciated!
Answer
1) Is there a stipulation that my MIL can apply for to have FMLA for longer than the 12 weeks?
There is nothing in either Federal or NY law that requires her employer to hold her job longer than 12 weeks. She is free to request it but her employer is also free to refuse.
2) My mother had FLMA coverage for a year in her job, but it was also through the state, so I don't know if it was a contract coverage through her union or what.
It would be either company policy or contract. There is no law requiring such.
3) My sister had FLMA coverage in her non-union, non-state job that was good for a year, so I am wondering if there is a loophole somewhere that my MIL qualifies for.
No, there isn't. An employer can choose to provide more time than 12 weeks, and many do. They are NOT required to do so.
4)because they are asking her for her resignation and not terminating her position automatically, I'm wondering if there is some sort of loophole THEY are trying to get through so they don't have to give her coverage after Oct. 1st.
No, there is no loophole. There is no additional provision. There is no stipulation. There is no anything. If her employer chooses to offer her more time than the 12 weeks, they may. If they do not, there is NOTHING in the law that requires them to, no matter how many family members you can provide whose employers chose to do so.
Answer
for your quick and professional reply. I'm glad you are the utmost professional and do not stoop to snide comments or little digs to belittle us peons that ask for your guidance, oh Wise One!
If they do not, there is NOTHING in the law that requires them to, no matter how many family members you can provide whose employers chose to do so.
Answer
C'mon, you asked the exact same question four times in a single post. You can't tell me you didn't expect a certain amount of frustration from a responder. And I don't see anyone else stepping up to the plate to give you an answer.