Hi Misty,

Thanks for reaching out, and I'm sorry to hear about what you're going through with your work right now. I have sent your question off to our legal experts who will be in touch with their advice soon. In the meantime, I would recommend checking out the National Cancer Legal Resources Network and see if there is a local legal service that could also be of help: http://www.nclsn.org/

Best,

Sarah, Associate Manager of Programs, Cancer and Careers

Dear Misty,

I’m sorry to
hear about what you are going through.  It
sounds like there are two main issues here: (1) what are your legal rights to take time
off and have your job protected and (2) what are your health insurance options
now?

First, under
FMLA eligible employees are entitled to 12 weeks of unpaid leave to deal with
their own serious medical condition or to act as a caregiver to a seriously ill
child, parent, or spouse.  This leave is
job protected, which means that an employer must reinstate you to the same or
equivalent position after 12 weeks.  Once
you have exhausted your leave, your employer does not have a legal obligation
to hold your job.  For more information about the FMLA, visit http://triagecancer.org/wp-content/uploads/2014/06/FMLA-Handout-Triage-Cancer.pdf.

The second
question you posed seems to be about health insurance.  There are a couple of different things that
you could do.  As you alluded to, you can
elect COBRA coverage which means that you are keeping the exact same health
insurance coverage that you had when you were employed.  The downside is that you will now be
responsible for the entire premium (plus sometimes a 2% administrative fee),
which can be very expensive.  As an alternative
you may want to consider purchasing a health insurance plan in your state’s
health insurance marketplace. 

Open enrollment for 2014 is closed.  However, because of your change in insurance
status, you will be eligible for a Special Enrollment Period of 60 days. Visit http://www.healthcare.gov to apply for a
Special Enrollment Period.

Additionally, if your income is between 138% and 400% of the federal poverty level (FPL) may be eligible for financial assistance to help buy health
insurance coverage.  In 2014, that is the
equivalent of $11,490 and $45,960 for an individual.  Premium tax credits reduce the amount of your
monthly premiums and cost-sharing subsidies reduce your expenses when you get
medical care. 

Just keep in mind that whatever plan you
purchase now will only go until December 31, 2014.  You can start shopping for plan, which would
start on January 1, 2015, on November 15, 2014. 
 

For more information about the ACA and
State Health Insurance Marketplaces, visit http://triagecancer.org/health-care-reform/
or join Cancer and Career’s webinar on the ACA on November 12, 2014 (Register
at http://www.cancerandcareers.org/en/community/events/ACA-2014-Nov)

I hope that helps answer your questions.
 

Best of luck, 

Monica Bryant, Esq.

Cancer Rights Attorney

COO, Triage Cancer

Please note that the above
information is designed to provide general information on the topics presented. It is provided with the
understanding that the expert is not engaged in rendering any legal or
professional services in the information provided above. The information
provided should not be used as a substitute for professional services