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  1. #1

    Thumbs down Benefits Terminated

    My question involves labor and employment law for the state of: North Carolina

    My mother was on leave of absence for medical reasons and her medical coverage was terminated for not working enough hours ...
    She lost all her benefits.
    They also played with her retirement numbers to continually extend out the date she could retire with full benefits.
    This is a major company.
    She worked for them for 23 years.
    What is the statute of limitations to pursue the company, mainly for the medical coverage being dropped?
    Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Benefits Terminated

    Was your mother on FMLA? How long ago did this happen?

  3. #3

    Default Re: Benefits Terminated

    She had an earlier 'part' of FMLA, then sick leave, then vacation time then PTO and finally leave of absence for medical reasons - all that she had to use for her recovery time because she was told the FMLA was used up. They later stated on paper that "employee did not request FMLA" to cover what they did. This started three years ago, the medical termination was 1.5 years ago. Unfortunately, Mom did not communicate with us earlier regarding the situation and we only learned of all of this after she suffered another stroke that left her hemiplegic and unable to 'tell' us what was going on. I know what I know just from the extensive notes she took while trying to get help from her benefits people.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Benefits Terminated

    If her FMLA was used up the employer was within their rights to cancel her coverage. They have no legal obligation to continue to cover her once her FMLA is up if she is still unable to return to work.

    Of course, they would have to offer her COBRA.

  5. #5

    Default Re: Benefits Terminated

    Okay, but after all was said and done, I needed a paper from them that showed her last active day (for Social Security paperwork) and the paper they sent me states on it "employee did not request FMLA". In her notes there is a section where she wrote "Ask why FMLA refused?" By appearances, there is an error somewhere that indicates her FMLA was not used up.
    They kept her as 'active' payroll when she was out.
    She was out for two years total, retired in March. In February, the month before she retired, they billed her for insurance premium ... AFTER her benefits had been dropped.

    Obviously there are blanks to fill in here and I will take the time to do the legwork, but before I do I wanted to know the statute of limitations. If she is past it, then there is no point in doing the work.

    My issue is her medical. She has unpaid medical bills in excess of 200,000.00. She has no estate, so we are not trying to protect assets. It would simply be nice to have her coverage clarified, as it appears to me they lied about her FMLA. I will look into FMLA and compare it to her records. I really think her FMLA ws not used up.
    Thanks

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Benefits Terminated

    Forget FMLA, STD, sick pay, and any of those things. How long was she off work?

    Clarification: how long had she been off work when the coverage was terminated?

  7. #7

    Default Re: Benefits Terminated

    I don't have the exact days in front of me, but it appears she had been out a year when it was dropped.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Benefits Terminated

    Then no matter how you slice it, her FMLA was used up. Long since.

  9. #9

    Default Re: Benefits Terminated

    Yeah, it sunk in when I typed that last reply ... she was out for a long time. It is just hard to process that she paid all those years for health insurance, disability and all such things and she just lost it all ... that nothing was there for her when the health problems truly hit her. Plus the disparities between the paperwork and her notes. It all kind of hits you wrong, you know.
    Thanks.

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