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Re-post from Parenting: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

CathyB Posted:

Re-post from Parenting: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

I just met with our HR director today to disucss when I leave to have my baby next month. Long story short, when I first informed them I was pregnant back in September, I (as was my manager) was lead to believe that in spite of the fact that I don't qualify for FMLA, my health benefits would continue for the short term disability timeframe. They then told me that we didn't need to meet until January to discuss it in detail.

Today I find out that's not true, and my health benefits will end very close to my due date, depending on how long I work until, and if I choose to use my vacation time to extend my employment. In case anyone doesn't know, if you don't qualify for FMLA, your job is not held for you during a period of short term disability, meaning your employment ends when you leave to have your baby.

My husband and I are both on my insurance, as my company pays for it fully. Had we known that the timeframe would be so close to the due date, we would have joined his in November during open enrollment, so that we don't have to deal with the headache of making sure the hospital has the right insurance info, everything is cleared up ahead of time, etc.

My inclination is to make my last day of employment the end of January, so that my health benefits end this month and we can get on DH's Feb. 1 as a 'life change'. (He's been on the phone with them today and they assured him this is possible and won't be a problem.)

Let's say I give notice and tell them my last day is 1/31, and do the right thing and tell them that I'm not coming back, so if they can find someone in the meantime to replace me, I'll train them. Once I've given notice, can they fire me, lay me off, downsize me? I want to understand what the options for me and them are before I make any decisions.

TIA. Cathy
nov04LIbride Posted:

Re: Re-post from Parenting: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

I have a Master's in HR...Why don't you qualify for FMLA? Is it due to the number of employees in the company, or how long you have been with the company? Is this something you can argue? You have to have been employed for 12 mos. with the company, but not necessarily consecutive months...

CathyB Posted:

Re: Re-post from Parenting: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

I will have been there 11 months. (We thought it would take longer to get pregnant. Who knew it would happen the first month?)

I'm just nervous about having to get the health benefits straightened out when the baby arrives, and I know I'll have a lot of other things on my mind then, I don't want the additional stress if I can avoid it.
Lunatrek Posted:

Re: Re-post from Parenting: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

No matter what, your pregnancy WILL qualify for FMLA leave, the question is whether you are APPROVED for it (sounds like you weren't). Unfortunately, that is perfectly legal. Also - being out on STD does not mean that your employment ends. It means that you are simply on a leave of absence, and when your pre-determined leave is up, you have to come back to work. If you do NOT go back to work, that is grounds for termination (you may already decide you don't want to go back to work, but my advice is don't tell them that until the week that your STD ends).

I guess they're just giving you a hard time, which really stinks... but legally, they can not fire you for having a baby.

Let me know if you have anymore questions... hope I've helped. Good luck!
StepherG Posted:

Re: Re-post from Parenting: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

Check out this website for your rights as an employee in NYS. Hope this helps some.

http://www.nysdhr.com/pregnant.html
nov04LIbride Posted:

Re: Re-post from Parenting: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)


Posted by Lunatrek

No matter what, your pregnancy WILL qualify for FMLA leave, the question is whether you are APPROVED for it (sounds like you weren't).



Not everyone is eligible (qualified) for FMLA though. Link
MrsTC Posted:

Re: Re-post from Parenting: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

You shouldn't have a problem going on your husband's insurance because the 'qualifying event' or life change is that you technically lost your insurance.

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