Legal Question in Medical Leave in Pennsylvania

Sudden Serious Illness

My husband works an abusively stressful job. Saturday, he worked 13 hours, then came home feeling short of breath. He has spent the last week in the hospital, congestive heart failure, and is being transported tomorrow to HUP for heart failure/transplant program. He is out of work long term (perm?) and I need to be with him (I work part time.) What are our options to make sure his health benefits continue and we have some income through this?


Asked on 11/29/08, 8:14 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Sudden Serious Illness

You asked about maintaining benefits and income while out, possibly permanently, with a health condition.

You need to speak with an attorney (employment) immediately .

The facts of the situation will dictate how to proceed. Assuming your husband has worked for the employer more than 1,250 hours over the past year then he is eligible for FMLA leave in addition to whatever accrued vacation and persoanl/sick time was accrued.

Health benefits will generally last for at least 18 months after termination from employment assuming you elect to continue COBRA coverage (you pay 100% of the insurance premium) and even after that you can elect to enforce the must carry provisions of COBRA.

Your husband may be eligible for short-term or long-term disability, or even workman's compensation depending on the employment and his position.

Your husband may also be eligible for Social Security or other government benefits.

But all these matters should be handled by an caring attorney. You r should spend most of your time caring for your husband and the attorney can analyze and recommend what course if best for you.

Good luck and regards,

Roger

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Answered on 11/29/08, 11:55 pm


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