Taking LOA

Taking LOA

My niece died unexpectedly and with her mother being estranged, I will be assisting with the arrangements and family matters concerning her memorial and taking care of her personal matters.

I am taking LOA to do so. I looked into FMLA and because my niece has adult children, I am not seen as the sole person able to assist so my company said I needed to take LOA. I don't know that I agree with their take on things but I am already exhausted from the family drama and my boss being unsupportive.

I have not taken LOA before so I have a couple of questions:

1) I will likely take 1-2 months and honestly, I don't know that I will return. If I choose to quit as the end of LOA nears, what is the proper etiquette here about notice?

2) My husband's income can support us but we are both on my company's insurance. I reviewed the details and it isn't clear to me if I will have my insurance during LOA or if I need to do COBRA during this time. Is there a standard here?

Appreciate your help.

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6 Comments

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  1. Anonymous

    Condolences on the loss of your niece.

    As far as work is concerned, will you be paid during any of this time or will the entire time be leave without pay? Typically, if you are being paid, you still have full benefits and accrue time off. For us, an approved leave of absence without pay would require that we pay our benefits and retirement portions while we are on leave, but everything would still be the same amounts we would be paying if we were working.

    If you quit, that's where the COBRA comes into play. At that point the employer no longer subsidizes it, so you would have to pay the entire amount.

    In regards to quitting your job, it depends on whether you have any specific criteria in your policies or in your LOA agreement. But also, don't make a decision about that right away. Take some time to focus on your family, and center your thoughts when you are in a better emotional place before you make any big decisions.

  2. Anonymous

    If you leave your job, that's a qualifying event and should be able to get on husband's insurance at his company.

  3. Anonymous

    I'm sorry for your loss. That is tragic.

    FMLA would, unfortunately, not apply in your situation. The relationship standards set forth under FMLA do not include the aunt/niece relationship unless you are her guardian or parent replacement (there's a latin term for it). Therefore, the LOA would be your best option. You will need to work with your HR department regarding insurance and if the leave would be paid.

    COBRA actually comes into play when you are no longer an active employee. If the leave is paid, it makes things a little different. If it's an unpaid leave, then you will likely have to pay COBRA while you are on leave. COBRA can last for up to 18 months. If your husband's job offers insurance, you can consider changing to his since you have in essence lost your coverage. He should check with his HR department on that. It would likely be cheaper than paying COBRA.

    I wish you well in your situation.

  4. Anonymous

    I am so sorry for your loss. I’m sure your niece was a bright light and she is lucky to have had you in her life.

    I agree with Anonymous below about not quitting until you’ve had some time to process and evaluate your situation after this event, so you can make a solid decision with where you go next.

    Does your company have EAP? If so, what do they recommend?

  5. Anonymous

    I don't have any good advice, but I am truly sorry. I also don't think any job should decide what family is and isn't. America is a cold, capitalist quagmire of inequities.

  6. Anonymous

    I would look into company policy and speak with someone directly from HR either at the main headquarters office, additionally, you could also:

    • seek out free legal advice through your district or circuit court or even within your county to see what options you have in regards to your situation.

    Those options above may not be what you're looking for, therefore, you could also:

    1. contact your insurance company and ask about their policies in terms of how a LOA may affect your insurance during that time.
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