Hello. I work for a national nonprofit that is the leader in fighting cancer. Last summer I was diagnosed with breast cancer and I am still on intermittent FMLA until reconstruction is complete. The company is going through a major transformation and my job will be eliminated in August. My reconstruction and need for medical insurance will not be complete at that time and my FMLA will be extended until at the least October. Do I have any legal rights to protect my position or my insurance during this time period. I have had high performance reviews for all of my 9.5 years of employment. I just don't want to lose my insurance.
1 Answer from Attorneys
You're mixing apples with oranges. The first question is whether, despite the restructuring, whether their intent would be to retain you in another position. As far as the insurance goes, if you currently have it, you are supposed to be offered "COBRA" coverage and, with any luck, eventually starting in 2014 through "Obamacare". COBRA coverage is typically costly; what "Obamacare" will be we don't know yet in Illinois. You should be in touch with HR on all these issues. Some "job eliminations" during FMLA are suspect; this does not sound like it is the situation, but if there is something you think is wrong going on about the restructuring, then you should definitely see an employment attorney.
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