Skip to main content

I have been employed by the company since May23, 2011. I went out on emergency surgery on November 30, 2011. I notified the company within 2 business days of what had happened and when I was discharged from the hospital, approximately 1 week later. Two days after the discharge I was re-admitted because of a wound incission infection. After another one week stay in the hospital, I informed the company of my discharge from the hospital. I was told that I could continue my health care insurance and what to do as to making the payment to the company. I informed the company then that I would be out for a while because of the infection and also deleoping Deep Vein Thrombosis in one leg and they said to just call and update them with info. They also started the process for me for STD.
On January 5,2012 I recieved a registered letter from the company stating that as of January 1,2012 that they would no longer be paying 60% of my insurance & that if I wanted to continue the insurance, I would now be responsible for 100% of the premiums. They also told me that I was not covered by the FMLA because I had not been there for 12 months.
I am now going into my ninth week away from my job with the possibilty of being out more than 12 weeks because of the healing process. I have been totally up front with them as to my progress, but need to know:
#1. Will I still have a job after 12 weeks, if my healing goes into LTD. Are they legally bound to hold a job for me. It is not a union position.
#2. If not and after I have healed, am I eligible to collect un-employment insurance
They stated in the registered letter that I had involuntarilly (no fault of mine because of the nature of the circumstances) left them but in a phone conversation they told me that I was still employed by them, not to worry.
I need information as to where I stand on this.

Talk to an Employment Lawyer Today
Most offer FREE Consultations