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Allsup Outlines Rights of People Leaving Work Due to a Disability
Date:1/20/2009

or the longest period of time.

3. Am I eligible for leave under the federal Family Medical Leave Act?

The Family and Medical Leave Act (FMLA) allows workers to take up to 12 weeks of unpaid leave each year without losing their job for specific reasons, including a serious health condition of their own or to care for an immediate family member who has a serious health condition. While a worker is on FMLA leave, their health insurance benefits must continue. To be eligible for FMLA, the worker has to work for a private company that has 50 or more employees working within 75 miles of the employee's worksite, and the employee has to have worked for the employer for at least a year and have worked at least 1,250 hours during the 12 months immediately prior to the leave. Employees working for a public agency, or public or private elementary or secondary school, regardless of the number of employees, also are eligible for FMLA.

4. Does my state have additional family leave provisions?

In addition to the federal FMLA, some states have enacted their own family leave regulations.

Coverage, eligibility and leave restrictions as well as other requirements differ from the federal regulations and other states. For example, employers in Vermont with 15 or more employees are required to allow individuals to take leave for their own healthcare conditions, compared to 50 employees under federal FMLA. Employees in New Jersey are eligible for leave if they worked 1,000 hours in the past 12 months, compared to 1,250 for the federal FMLA. Employees in Connecticut may take 16 weeks of leave in a 24-month period, compared to 12 weeks in 12 months under FMLA.

5. Will I be eligible for health coverage under COBRA once I leave?

Once you have no option but to resign, you should consider COB
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Allsup Outlines Rights of People Leaving Work Due to a Disability
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