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

[Anonymous]

Hi,

I need some help.

I work for a small credit union in DC. I was a temp there for over two years and then resigned to take a full time job at another company. Shortly after I left the credit union called me and offered me a full time position (I was a temp before so no health insurance, etc). I took the position. My husband and I are expecting in early September so our plan was to save up all my vacation days and to take off the month of August before the baby arrived.

I told this to HR months ago and they said I needed to at work least one day in September if I wanted insurance coverage. So, I decided I would just go in September 3rd for one day. My husband wasn't buying it and thought HR was lying. It's almost August and I was just told last week my vacation days for the first two weeks of August were not "approved" even though I asked for them back in May. Then, yesterday HR told me that unless I work the entire month of August I would not be covered in September for when my baby arrives (first week). My husband is irate and has already attained a HR attorney. He's partner in a development company so he knows a lot of attorneys.

My question is can a company take away health insurance even if you're still an employee? HR told me that if I took vacation time my insurance wouldn't cover me. I find this very odd. If I take two days off and see the doctor will I not have coverage? My husband thinks the company is lying to me because they want me to work through August because another person is resigning. I have more than enough vacation days to take off the full month of August and half of September. HR already told me I don't have enough days to reach one year of employment which would give me FML. So, i was planning on resigning and applying for the job again if it was open.

But, with so many different answers coming from HR lately...I'm not sure who to trust. Can a company really just "refuse" insurance to an employee just because they are using vacation days to have a baby? If there's any online documents or sites people can send me to it would be greatly appreciated.

Thank you
- Expecting Mommy

[Anonymous]

The answer is probably yes, they can take away your health insurance. Whatever happens though, you need a new employer, that's for sure.

[Anonymous]

Anonymous wrote:The answer is probably yes, they can take away your health insurance. Whatever happens though, you need a new employer, that's for sure.

OP here: My question is how can an employer just "take away" health insurance if I'm still an employee there? Even if I'm on vacation I'm still an employee.

[Anonymous]

You need to speak with an employment attorney. They will know the answer.

[Anonymous]

There is such a thing called ERISA retaliation - you are not supposed be retaliated against for using your ERISA-covered benefits, which includes health insurance. But from what you wrote it is impossible to tell if they are retaliating against you, or just enforcing existing rules about coverage.

[Anonymous]

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

[Anonymous]

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...

[Anonymous]

Anonymous wrote:There is such a thing called ERISA retaliation - you are not supposed be retaliated against for using your ERISA-covered benefits, which includes health insurance. But from what you wrote it is impossible to tell if they are retaliating against you, or just enforcing existing rules about coverage.

OP here. Thank you I will look this up. I feel they are retaliating against me because two months ago I met with HR and told them my plan of saving up all my vacation days so I could take them before I give birth. The only thing the HR lady said was I wouldn't be covered in September unless I worked at least one day that month. I told her I would come in for one day one the first week of September and she said that would work.

Now, they're telling me unless I work the entire month of August I won't be covered for September. Just seems wrong.

[Anonymous]

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.

[Anonymous]

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.

[Anonymous]

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!

[Anonymous]

If OP takes off without having the leave authorized by her employer, she certainly can be fired. Pregnancy doesn't protect her from that. And there is no requirement to authorize the leave under the circumstances presented by OP.

As far as health insurance, if the plan requires that you work a minimun number of hours in a period in order to be eligible for coverage and you don't work that number of hours, then you can be dropped. You need to have a better u derstanding of the terms of your plan. An anonymous forum cannot help you with your questions.

[Anonymous]

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.

[Anonymous]

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.

[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...

The question is why are you taking leave at all BEFORE the baby comes, unless you have to medically? Normally people would use their vacation time as maternity leave if they didn't have actual maternity leave. You may be facing some hostility for doing this.