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Met with a lawyer


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I still say you hit the nail on the head when you said that the insurance rates will go up. They absolutely will go up when the policy renews because you are now considered high risk. Therefore, the employer's share of the premiums will go up, making you a liability, not an asset.

I feel SURE that this is what is behind their actions. If they can get you out of the workplace and on Cobra before the new policy takes effect, usually January 1st, then the "high-risk" employee will no longer be on the policy, and the rates won't skyrocket.

Trust me, I speak from experience. I hope you can get this resolved before they can take any action, which I agree with Ry, they are opening themselves up for a lawsuit which will in the end cost them way more than the new premiums would have!


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Normally, if it's an ERISA plan, the employer won't be paying premiums to an insurance company -- they pay the actual $$ amount of claims, plus an administrative fee to an insurance company or other business for handling/processing claims.

If it's not an ERISA plan, they may be paying a premium based on the overall risk pool -- the number of covered employees, dependents, etc.

Either way, they will want to minimize their outlay of $$.

If it is an ERISA plan, they want to minimize the amount of time you are on their plan, so by forcing you into FML, they start the clock on how much longer you can be covered. If you take the COBRA continuation, there is a limit on how long you can keep that, but while you're covered, the employer is still paying your claims.

If it isn't an ERISA plan, they still want the clock started, because (depending on when they renew their contract with the insuror) they want to avoid paying higher premiums for you.

What they *should have done* (famous last words! :roll: ) was to have sat down with you when this started, and worked out a schedule and plan for your benefit time, told you what all your options were, and then followed along with you -- being helpful and supportive, not vindictive. Why they don't get it that people won't sue them if they try to do the right thing is beyond me.

This way, you can bet they've already spent some money with their attorneys just figuring out a way to hold you back since you've now let them know you aren't going to take this sitting down.

Go get 'em!


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Good for you for fighting this! I have been thinking about you for the past few days. I had some major problems with my work when I was pregnant with FMLA and i tried to fight, but never thought it was worth getting legal help. I couldnt deal with the stress so i just decided to leave (which i was going to do anyway). I am glad that there are people out there that do fight. Good for you! I hope that they see the light that they are discriminating! good luck, hun!

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