Need HR Help - Employee taking away my heath coverage because I'm pregnant?

[Anonymous]

Anonymous wrote:

Anonymous wrote:And as a side note ... Why are you taking your vacation before the baby comes instead of using that for your maternity leave??

You only receive Materity Leave if you've been at the company for over a year as a full time employee. I was a temp for two years but as a full time employee it's only been about ten months. So, if i want time off before my baby comes I need to take vacation days. But, from what I've been hearing now I can't even take it off. And if I do they won't give me insurance during the month I give birth.

It just seems wrong and my husband wants to take this up with attorneys. I would rather keep it in-house and deal with it at work...

This doesn't answer the question: why are you using your vacation BEFORE you give birth?? Is it use or lose? Why don't you use it in September?

[Anonymous]

Anonymous wrote:OP: what you have written is very confusing. Are you currently at the old job or the credit union job? It sounds like you are planning to quit your old job at the end of August (after you take all your vacation) and then start the credit union job in Sept? (Not sure which employer you are taking the leave with).

My employer has a rule that if you are on unpaid leave for more than 30 days, you are kicked off insurance. So it's entirely possible there are rules around continuation of HC coverage.

Still, as others have said, you are taking an unauthorized vacation which, barring some medical reason, does not qualify you for FMLA coverage.

That would make sense but from what I read this lady is not on unpaid leave. She is using her vacation time that she collect to take time off prior to having her kid. Therefore she is still a paid employee of this company.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I can see them wanting you to pay for the entire cost of your coverage if you're out on unpaid leave, but not canceling your coverage.

Some companies will drop you from insurance if you aren't working for a period of time (vacation or not), for like two weeks, just for an example. OP, we do not know your employees health coverage and rules. However, you haven't worked their for a full year, so you may not even be eligible for certain benefits. Also, you taking off a month before the baby isn't medically necessary. It's basically a vacation and your employees has the right to not approve it, considering you don't have a doctors note. I'm basically saying, you may not have to go all attorney on them and instead, talk to HR again and ask them what you can do to have that month off and still have coverage of health insurance. I wouldn't piss them off. They too have the right to just fire you.

Hmm, no they can't just fire her. Ha, that's a law suit in the making.

Who are these people who respond? Sheesh! TERRIBLE advise!

Employment lawyer here. Lawsuit for what exactly? OP is not disabled, she has no medical reason to take this time off, and she is not FMLA eligible. It is a vacation, and the company has the discretion to deny it if they need OP to work during that time. If you can identify some other cause of action based on what OP has said, I'd certainly be interested to learn about it.

OP here. Thank you for your input. You are correct I am not eligible for FMLA because I have only been a full time employee for 10 months. I was at this company as a temp for two years, but of course that doesn't count towards FMLA. What I don't understand and feel is somewhat wrong is this: I went to HR over two months ago and told them my plan was to save all my holidays so I could take August off to prepare for the baby. HR told me that was fine and all I needed to do was come into the office for one day in August and one day in September for me to have health insurance. They know even if I work up to the birth of my child and then use all my vacation time afterward I still cannot make the one year mark to qualify for FMLA.

With this in mind HR told me I would have to resign in September after all my vacation time was used up. Then if there was an opening I could apply for the position again. With being told this months ago I saved up all my vacation time and was ready to take most of August off. But, last week HR changed their story and told me I was required to work the first two weeks of August. They "unapproved" that portion of my vacation time. Then this week HR tells me that none of my vacation time in August is approve and that I must work the entire month. My concern is can HR just change their minds like this? And, it seems if I was told I was able to take off a certain set of days by HR they can't just change their minds. I have a family with plans in motion.

To answer everyone's question as to why I want to leave before the baby comes, it's because I want to have time to prepare to have the baby. This is my first and it took us 1.5 years to conceive. Plus, what difference does it make if I take my vacation time before or after the birth? HR already told me I have to resign because I cannot make the one year mark. So, instead of driving in and out of DC and walking around 60lb heavier...I'd rather stay home and get ready for my baby. If HR tells me I have to resign why not make myself comfortable prior to the baby? Why push myself when I don't have to and I have to resign anyway?

To the employment lawyer. Thank you for your feedback and if you could respond as to why HR can change their decision on approving my leave or not that would be great. It just seems to me once HR approves something it feels wrong for them to just change it - twice. And, can they really take away my health insurance if they know I have to resign? That seems odd.

[Anonymous]

If the company needs change, which it sounds like they did, yes they can take away your planned vacation. It happens to people all the time. If you have accrued the time, which it sounds like you have, and if you don't get to use it before you leave, they will have to buy it from you.

[Anonymous]

So you are taking all of August off, and not planning to return to work, but you want the company to keep up your insurance through Sept?

[Anonymous]

I do not understand why you need to prepare for the baby over a month. You just do not want to work and that is ok. Very few jobs will pay benefits for a month prior without a medical reason and then maternity leave. You are not being reasonable. Quit, get paid your leave accrued and then reapply when you are ready.

[Anonymous]

Anonymous wrote:So you are taking all of August off, and not planning to return to work, but you want the company to keep up your insurance through Sept?

This is what I gathered as well.

[Anonymous]

Anonymous wrote:

Anonymous wrote:So you are taking all of August off, and not planning to return to work, but you want the company to keep up your insurance through Sept?

This is what I gathered as well.

OP, I would save your money and not pursue an attorney - I think you are in the wrong here.

[Anonymous]

OP can you clarify what your maternity leave plans are? Do you just have tons of leave that you can use up an entire month before the baby is even here?

[AroundTheBlock]

From reading this it seems the person told the company a while back she was planning on taking leave prior to having the baby. The company said okay. Now, the company is changing their mind and telling her no she cannot take leave even if she has the hours.

This may not be illegal but it sure is immoral. Sorry, but if I (I own a company) tell an employee who's expecting a baby they can take the month prior off AND they have the actual hours to do it...I wouldn't change my mind and destroy the plans this family had for months based on what I told her. It's not like she asked for a month off without notice, she spoke with HR several months beforehand (probably to avoid this exact situation).

I work with a lot of attorneys but none of them employment ones. But, if I had to guess they can force you to work but they would have to pay you for your vacation time if you were forced to resign. But, I don't know about refusing insurance. I know plenty of people who go on 1-2 month vacations and they still have health insurance. As long as your a paid employee of the company you should have insurance. Though, I could be wrong. But, it'd be wild if companies could just take away health insurance here and there as they pleased

I want to hear from this employment attorney also. Can a company fire you or withhold insurance because you're having a baby and cannot make the one year requirement for FMLA? I find that interesting.

[Anonymous]

If you resign, you won't have insurance anyway though, right?

[Anonymous]

How in the world would an employee who has been working 10 months accrue 4 wks of vacation?

OP, it sounds like you probably proposed to HR something they hasn't had to deal with before. They probably thought it maybe ok if you were going to take personal leave. But when they realized you didn't have enough vacation or qualify for FMLA they realized there was a problem and came back to discuss it with you. Or perhaps your boss wouldn't approve your leave? Just because you want to take those days doesn't mean you are approved for those days.

[Anonymous]

I am confused. Are you actually planning to go back to work? You sound like you are not but just expect your employer to pay for your insurance through your delivery.

[Anonymous]

Anonymous wrote:OP can you clarify what your maternity leave plans are? Do you just have tons of leave that you can use up an entire month before the baby is even here?

OP here. When my husband and I finally conceived we knew I wasn't going to make the one year mark to be eligible for FMLA. So, our plan was for me to save up all my vacation time (sick leave was for our doctor visits) and take time off prior to the baby coming. In early May I went down to HR and told them my plans: Since I wasn't going to have FMLA I was going to have to resign, so instead of not using my vacation time I wanted to use it prior to giving birth. HR told me that was fine and that I would have health insurance for both August and September. This was a specific point we talked about.

So, basically yes I have tons of vacation time saved up because HR told me I would be able to take August off. In fact even if I have my baby on the expected day I would still have 5 days of vacation and and 5 days of sick leave left (this would take me halfway into September).

From these responses it seems like I'm in the wrong, but I just don't see it. If HR told me I could take off if I saved my days and I would still have health insurance...shouldn't I have believed that? And, what is wrong with wanting to take time off prior to giving birth? I know A LOT of mothers who have done that. Also, I don't mind resigning at all. My manager and my manager's manger both want me back very badly. The issue I have is why HR is suddenly telling me now (two weeks from August) that I cannot take August off and I will not have health insurance. Why did they not tell me this in May? I have family coming in and other plans already set because HR told me in May I was allowed to take off.

[Anonymous]

If I ever had a co-worker or employee want to take a month off before having the baby, I would have been flabbergasted. That's completely insensitive, thoughtless and unprofessional. That last month is making sure everything is complete, to make your co-workers burden LESS when you are gone. If you do this and then resign, I would not expect a good reference!!