Q: My husband is a full time employee for a company but due to a surgery has been placed on FMLA. His employer is now telling him that he will be placed on the COBRA plan. He was told he would be placed on cobra if he cannot return to work before his FMLA time is up. Can they do this to us? A: COBRA law states that a leave taken under FMLA is not a COBRA qualifying event even when the employee’s hours are reduced. When an employee is on a FMLA leave they are entitled to the same health benefits as before the leave. If they don’t return to work after FMLA, then they would qualify for COBRA.