Question
I was terminated for excessive absences. I had permission to leave and Doctors bills for proof. Before my termination they moved my desk upstairs knowing that I was having a few problems with my pregnancy. I share files with a downstairs group. I had to walk up and down stairs 3 to 4 times a day to retrieve files and to print on the printer that they were unable to move upstairs with me. They do not have an elevator. When I was terminated I was offered Cobra. My two questions are: I need to know if I should persue any legal action, if I have a legitimate complaint for appealing the termination? They would have had to pay for maternity leave. Also, what are my rights as far as the company continuing my insurance. Do they need to pay for Cobra or should I have to pay the premium? I am having to apply for Medicade. This is in Houston Texas.
Answer
The employee has to pay for COBRA, at the same total rate the employer was charged (not what you may have paid, as that may have been subsidized by an employer contribution) PLUS 2%. And you have a SHORT TIME to elect it.
As for being terminated, the employer probably had to make reasonable accommodation to your "disability" but I do not know if it did. IF -- and that is a big IF -- it terminated you BECAUSE of pregnancy, or to stop you from getting disability, that's illegal. You should see an employment lawyer about that.