I took 12 week maternity leave under FMLA. Before my leave was over, I provided notice to my employer that I would not be returning, as I wanted to give them notice to find another employee to take on my position. I was notified by HR that my health insurance coverage was terminated one week before my 12 week maternity leave was scheduled to be over. I purposely made my child's doctor's appointments within my maternity leave for this reason, and now he will not be covered at his appointments because they terminated my coverage early. Do I have a case in asking them to pay for these medical costs, since my insurance should run the full duration of my maternity leave?
It depends on what you communicated to your employer. Since you are not returning to work, they are generally eligible to terminate your benefits according to their plan, when you notify them you are not going to return to work. You can ask them to cover it; however, what is there benefit in doing that for you? You may want to talk to a local attorney who can advise you on local state law regarding maternity leave and the state version of FMLA.
Best of luck!
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Employment law cases are fact intensive and complex. The information you have provided is simply not enough to give you a definitive answer one way or another. Most attorneys who respond to questions on Avvo provide only a general statement of the law which is not designed to be legal advice to your specific situation. For example, generally, employers may terminate an employee at will immediately upon receiving notice of the employee's intent to quit as of a specific date. This may lead you to believe you have no recourse in your specific situation.
However, the analysis changes dramatically if the employer has allowed some employees to work through the date they provided as the date the intended on being their last day of employment and not others. Depending on the specific facts, there may be a viable claim in this example.
Accordingly, I recommend that you contact a Wisconsin employment attorney for a detailed evaluation of your specific situation.
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