Question 1

What is COBRA and when do I have the right to elect it?

Accepted Answer

COBRA (29 U.S.C. §§ 1161–1167) gives covered employees and their dependents the right to continue employer-sponsored group health coverage after a qualifying event — termination, hours reduction, divorce, death of the covered employee, loss of dependent status, or Medicare entitlement. The plan administrator must provide a written election notice within 44 days of the qualifying event. If you never received notice, you can still demand election rights and statutory penalties of up to $110/day under § 502(c)(1).

Question 2

Do I have to give my employer a medical diagnosis to take FMLA leave?

Accepted Answer

No. You are entitled to request FMLA leave without disclosing a specific diagnosis. You must provide enough information to put the employer on notice that the leave may be covered — that you have a serious health condition or a qualifying family, military, or bonding reason. Medical certification (WH-380-E or WH-380-F) may be required within 15 calendar days. The employer must respond with an eligibility determination within 5 business days of the request.

Question 3

What counts as a "reasonable accommodation" under the ADA?

Accepted Answer

A reasonable accommodation is any modification or adjustment to a job, work environment, or the way things are usually done that enables a qualified person with a disability to enjoy equal employment opportunities. Examples include: schedule modifications, remote work, reassignment of marginal functions, specialized equipment, leave beyond FMLA, physical workspace modifications, and job restructuring. The employer can reject an accommodation only if it would impose an "undue hardship" — a significant difficulty or expense — on the business.

Question 4

What is the interactive process under the ADA?

Accepted Answer

Once a covered employee requests an accommodation, the employer must engage in a good-faith, flexible, interactive process to identify effective accommodations. 29 C.F.R. § 1630.2(o)(3). The employer cannot simply refuse without discussing alternatives. Failure to engage in the interactive process is itself evidence of bad faith and strengthens an EEOC charge or civil lawsuit under 42 U.S.C. § 12117.

Question 5

Should I send these letters certified mail?

Accepted Answer

Yes — USPS Certified Mail with Return Receipt Requested for all three. COBRA penalty clocks under § 502(c)(1) run from the date of receipt; certified mail establishes that date. FMLA regulations require written notice and the 5-business-day response clock runs from employer receipt. ADA interactive-process obligations are triggered by notice to the employer — a certified-mail record prevents the employer from claiming they never received the request.

Your federal benefits rights, in writing.

COBRA election notice

FMLA leave request

ADA accommodation request

SSDI reconsideration request

Your federal benefits rights, in writing.

COBRA election notice

FMLA leave request

ADA accommodation request

SSDI reconsideration request