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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=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. [/quote]

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.[/quote]

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![/quote]

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. [/quote]

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. [/quote]

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