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FMLA and short term disability nightmare
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Anonymous
| Hi all, I'm 28 weeks and have had 4 weeks of bed rest thus far, with no end to that in sight, I am rapidly using up my short term disability (12 weeks ) and the standard FMLA job security. On Monday, as my OB made a recommendation for continued bedrest ( I was allowed back to work last week, didn't go well ), I got a strange email from my HR dept at 10pm. In the email she made certain to make clear that if I go beyond the FMLA coverage, they as a company would not be obligated to keep me employed. She said I could use my Short term disability and long term disability as long as it was medically necessary and then made it clear that anything beyond medically 'necessary' would require me to work without pay. Because I am still at least 8 week shy of where my OB would like me to get in pregnancy, I am using up all of the FMLA coverage BEFORE the baby even arrives. Of course, being pregnant, I was really hurt by this email and thought it to be a bit out of line in its harshness. I fully comprehend what FMLA is and how it works, she and I even had a face to face discussion about it last week while I was at work. I fully expect them to lay me off, as convenient as that would be, despite a very favorable review in the last 30 days and an excellent record in the company, I know that I am a sitting duck. Anyone else had something similar happen to them? FWIW, two years ago when I had my son, I was only employed at this company for a few months and not covered at all by FMLA, they didn't bring it up once and allowed me 6 weeks of disability followed by 6 weeks of leave without pay. Not once was this brought up. Also, recently, two good friends and co-workers at the same company got pregnant or went on maternity leave. Not once were they told about their FMLA coverages or made to feel threatened as I have been. Any advice? Start looking for a job while 8 months pregnant?! TIA |
Anonymous
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Are you working from home? I would hope you could do arrange a work from home situation? Or are you just not working at all?
I'm sorry this is happening to you. And is the problem with this country. If people want a tax payers, we need to have babies. Or no one will be around to pay for their social security in old age and everything else we "enjoy" in this country. I'm terrified that this will happen to me as well. We can't afford to be w/o my job. Unfortunately, you have no recourse. You have 12 wks to go until baby comes, which is a very long time.  Wish I had advice, other than to go to your direct boss and figure something out.
Good luck |
Anonymous
| Have you talked with your boss about this? If you have a good relationship with her, she could intervene with HR on your behalf. Wouldn't it be your boss's call whether she's rather give you the extra time rather than hire someone new?? |
Anonymous
| OP again, my boss has ignored every attempt I have made into discussion with him. According to my OB, he would prefer that I work from home, but my company will not allow it, despite the fact that during my review, my boss told me he would like to start a program for telecommuting and would I be interested in helping him?! I could do 85% of my position from home and really wish I could. I tried to go back to work last week, after begging my OB but as I mentioned, I had a very bad week of contractions and other issues, so back home I am. Very bored and capable of doing a lot of things, just not driving to/from work, which is a hour commute each way. At any rate, the fact that I wasn't threatened like this during my first pregnancy versus this one is making me quite angry. I do realize I have no recourse, it just seems like I am being discriminated against this time around b/c I am having problems. |
Anonymous
I wonder if they would pipe down if you responded in writing how you are feeling threatened by what they are saying (writing). Also, I wonder if it would help if your doctor documented that this kind of stress is not good for you. They are obviously threatening you and I'm pretty surprised they were so blatant in an email |
Anonymous
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Could you spin it to your boss that "now is a great opportunity to try the 'work from home' idea anda reference your previous conversation? And get some backup from your OB documenting what he/she is comfortable with you doing from home right now. And CC this nasty HR person?
That said,I'm not sure I completely understand your position. If you burn through FMLA and STD, then you get laid off?? What happened to long term disability? Would they treat an employee with cancer or another life threatening condition in the same way?? Worst case scenario and you really need this job--could you get someone to drive you to work if that's the major stressor?? Short-term $$ outlay might be worth the long term gain?? But then, what would you do once the baby is born? Really, this is one of the things I absolutely hate about the US. I'm sure you don't want to be in your current situation but it really is nobody's fault and stressing you out with this type of bullying isn't doing you or the reputation of the company any favors. I grew up in Europe, where my sister works as a doctor. She complains that she has a hard time getting her patients to take the required one month of leave before giving birth and could never understand how I trekked to my office with massive swollen ankles until 2 days before my due date. |
Anonymous
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Op again,
The long term disability is an option if they allow me to use it. The issue is that both the short term disability and the FMLA is 12 weeks, a point which was clearly made to me that it is up to them entirely whether or not I get anything further. I don't have much other paid time off ( 30 hours ) due to taking a vacation earlier in the year and burning through leave with my two existing children and their sick days! I am working up an email to my boss, with a cc to nasty pants HR woman. I am trying to stay rational and make the point about working from home, which I have been allowed to do in the past.... we'll see. Thanks for the support thus far. It's a rather horrible situation and I'm not sure I have any say in the facts of the matter. But, I'll try. Bottom line, though, I'm not sure I actually want to work for this company but I need to work. Finding a job while on maternity leave is going to be difficult! |
Anonymous
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I'm really sorry OP. Especially because you seem like you want to keep your job and keep working post partum. It's just another part of the vicious cycle: woman pursues fulfilling career but society (and to some extent biology) imply motherhood is the peak experience as a female, so in pursuing that she has to put her professional life on the line, is given little to no support during birth/postpartum time, support for adequate childcare is non existent, and even if she does return to work, her job intact, she has to endure the subtle "bad mommy" comments from family friends and coworkers, because she isn't a SAHM or at least cutting back to part time.
/feminist rant. But I just wish I could give you a hug, or help right now. If there's any way to schedule a meeting with your boss, if it's not contraindicated by doc in the near future...I'd do it. Outline what you have done for them and remind them of future projects you have lined up. Assert yourself as a competent worker whose skills are in-demand, instead of begging for your job. Draft up a proposal for your postpartum back to work schedule, with a timeline if you want part of it to be working from home, how you plan to communicate with others...just think through all the logistics yourself. Say you're open to feedback on it. At the same time do a quick job search to know what's out there, maybe even call a head hunter to save time/stress. You're going to be more confident if you know you have options. If worse comes to worst and you have to leave your current job, you can negotiate a start date with a new employer for when you're physically and mentally ready to get in there. Good luck. Hope your partner/spouse is giving you the support you need right now! |
Anonymous
It sounds like a no-win situation. What are you going to do after the baby comes? What are you going to do when one of the kids gets sick this fall/winter? It sounds like (for whatever reason) they've targeted you and want you gone. How is the company doing financially? Are they doing layoffs? Not hiring? It might be worth talking with an employment lawyer to see how much protection you have and if you can push back. |
Anonymous
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OP you should contact an employment lawyer. If your company has any history of approving more leave than FMLA in the past for another employee then you could possibly they are inconsistently applying their policy.
If you work in DC, realize that DC employment law and jury verdicts are very much on the side of the employee not the employer, sometimes to the extreme. Also in DC, I believe there is a loophole where FMLA can actually be taken twice if there are different events. The birth of a child is one eligible reason but pregnancy complications and illness of the mother is a separate event. An employment lawyer can let you know if this is valid or not and they would know better than your HR person. I believe that VA employment laws are much more weighted toward the employer but the inconsistent handling of extended leave would still be an issue in your favor. MD is probably in the middle. |
Anonymous
Employment lawyer here. I want to clear up some of the misunderstandings that PPs seem to have. Hopefully this might be helpful for some of you. (OP you actually seem to understand it pretty well. It sounds like you are just disappointed with how you have been treated and looking for practical suggestions on how to make the best of it.) --I don't think the OP said that the company approved additional leave for others, just that others have taken their FMLA after the baby arrives and did not receive the same type of "threatening" communications. I don't think OP has a leg to stand on in terms of discrimination, if that's what this PP was getting at. --PP is right that DC allows 16 weeks of medical leave and 16 weeks of family leave, which are separate things, so you could conceivably take the first 16 weeks before the baby's birth and the next 16 weeks after. But it sounds like OP is not in DC as she has referenced the 12-week time period. --FMLA leave is a guarantee that your company must hold your job open for a specific period of time (at least 12 weeks, but more in some states). FMLA does not entitle you to any pay or benefits during that time. Short-term and long-term disability will replace a percentage your pay during your FMLA leave and beyond, but your company does not have to hold your job open just because you are receiving short-term or long-term disability. You can still get STD/LTD if you are still "disabled" after you have been laid off. This is the same policy for people with cancer or other diseases, and frankly it makes sense--how long can a company reasonably be expected to function without a certain employee before it becomes too difficult or too burdensome on the other employees? You hope that you work with nice people who will want to rehire you when your condition has resolved, but they are not legally required to do so. OP I would not waste your time or money on a lawyer. It sounds like you've got the right idea by trying to handle it with the people in the company. If that fails, there's not much you can do but let them know that you do plan to come back after your leave ends and you hope there will be a position for you. I say be gracious, as threatening letters or complaints will just make it more likely that they won't want you back. I wouldn't worry about job-searching right now, as any potential employer is probably going to want you to start sooner than you would be able to anyway. Just try to relax and focus on keeping your baby inside and healthy, and you will work out the job situation after s/he arrives. It WILL work out. |
Anonymous
I'm not the OP, but thanks employment lawyer. Your response was clear and concise. |
Anonymous
If you are on bed rest how are you going to be able to sit up for hours at a time and use your computer? I was on bed rest for last 2.5 months and was not allowed t sit up as this put pressure on pelvic area and this has been the same for every other woman I have known who had to take to bed rest completely for last 2-3 months. As far as your boss wanting to start "working from home" maybe the idea was voted down in a meeting with other higher ups. I would think that if this option were available someone would have mentioned it to you. Your post alone has turned me off "the fact that I wasn't threatened like this during my first pregnancy versus this one is making me quite angry." Times have changed a great deal in the last few years because of the economy. I worked in HR and always did my best to help someone in a case such as yours. In one case, I was able to have her "laid Off" because she, also, was on bed rest, flat on back and not allowed to sit up, and then when she was able to come back to work she was put back on payroll and all was fine. Please, bear in mind, that there was no obligation of the part of the company to do this for her. You come across as whining and petulant and this may be turning off your boss, HR, and co-workers. Also, maybe your boss, or his boss, do not agree that you can do 85% of your work from home. You need to be reminded that the company does not have to give you back your old job but only has to have a job for you. Keep up this attitude and you just may not have your old job. I can have empathy because I know how difficult it is to lie in bed all the time but you need to make the best of it and stop walllowing in self pity. |
Anonymous
There are different types of bedrest. |
Anonymous
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OP, I think that most of what the employment lawyer says in her/his post is correct, and, based on the facts presented her by the OP, agree with the conclusion that a lawyer wouldn't do you much good, except the following:
"--FMLA leave is a guarantee that your company must hold your job open for a specific period of time (at least 12 weeks, but more in some states). FMLA does not entitle you to any pay or benefits during that time. Short-term and long-term disability will replace a percentage your pay during your FMLA leave and beyond, but your company does not have to hold your job open just because you are receiving short-term or long-term disability. You can still get STD/LTD if you are still "disabled" after you have been laid off. This is the same policy for people with cancer or other diseases, and frankly it makes sense--how long can a company reasonably be expected to function without a certain employee before it becomes too difficult or too burdensome on the other employees? You hope that you work with nice people who will want to rehire you when your condition has resolved, but they are not legally required to do so." 1) Actually, FMLA *does* entitle you to continuation of certain benefits. The employer must continue your health care (at the same level it did prior to your leave -- so that if the premium, for example, was 80% employer-paid and 20% employee-paid, they have to keep paying their 80% and work out some arrangement for you to pay the 20%, as you are not on direct-deduction any longer). And there are certain other benefits not related to work performance that must be provided as well. I don't think that the OP seems concerned about this part of the issue, but I just wanted to make sure that there is, in fact, some entitlement to continuation of benefits during the FMLA period. 2) An employer can have a policy concerning a set amount of time for medical leave, but, in the case of persons with disabilities, as defined under the Americans with Disabilities Act, may be obligated to provide leave over and above the "set amount" if doing so would be "reasonable." Again, pregnancy and childbirth do not qualify as "disabilities" under the ADA, so additional leave is not an option for OP. As for the communications from the employer being "threatening," OP, an employer has an obligation to tell an employee on medical leave about his or her rights. It isn't threatening, in and of itself, for an employer to say to you that its legal obligation is to hold your position for 12 weeks, and that they can't commit to additional time. As distressing as the situation may be for you, they really do have to tell you. |