Legal Question in Medical Leave in Florida

FMLA leave, forced resignation

I live and work in Florida. I 'm at the end of using my 12 week FMLA for my son's medical condition. While on FMLA, my employer continued to provide my insurance. But, I was told since I am at the end of the 12 weeks, and dont return by a certain date, I will be forced to resign.

1st question... In the state of Florida, if I am forced to resign will I be eligible for unemployment ?

2nd question... My employer stated my insurance coverage would end the day of '' termination''.

Aren't they required to provide insurance for 30 days after ?

And if not, how would Cobra kick in ?


Asked on 10/12/08, 9:24 pm

2 Answers from Attorneys
Robert Roemer Robert Roemer

Re: FMLA leave, forced resignation

I would need to know your co employee benefits.(a list

of benefits you are entitled to as part of your job.)in order to answer your question.

You can e-mail me you phone # at my e-mail address.I would suggest you send it immediately as your time is running out.

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Answered on 10/12/08, 9:56 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: FMLA leave, forced resignation

If you resign, unemployment does not apply. Make them fire you. Assuming that COBRA applies, you will get a notice that gives you 30 days to acceot or not. Coverage should be effective during that 30 day period.

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Answered on 10/12/08, 9:57 pm


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