Anonymous wrote:OP after reading the last few of your posts, I'm wondering if you really understand the amount of time off you accrue. If you've worked at your company for about 10 months by the end of July and you have enough action leave to take the entire 22 working days of August off, that means you get more than one day of leave for every two week pay period in your first year on the job. I have never in my life heard of such generous benefits. That leads me to believe you calculated wrong and the real problem is that you will stop working and run out of leave before the baby comes, which makes you in eligible for insurance absent a COBRA election and payment.

And as to HR rescinding your vacation, yes, they can legally do it.

BTW, I am in employment lawyer with a specialty in health insurance, if that matters.

OP here. Yes, you are correct. Each pay period I receive just over a day of leave. It's a lot, but it's true. The numbers are correct because I've met with HR three times including twice in the last two weeks. I've also met with my manger several times regarding my leave because they were trying to stretch it out so I could be eligible for FMLA. I'm not making these numbers up. As I said before I met with HR in May and they calculated that I could take all of August off. If I included my sick leave I could take all of August and half of September off. I know the numbers are crazy and my husband can't believe it either. People at my work take off for weeks at a time on vacation. In fact one women too four months off before giving birth. Yes, that's four months early. So, as odd as it is I have the days.

Anyway, I've been discussing the situation with my family and I've decided to resign now. Since HR and management knows I have to resign regardless I may as well resign now and get paid for my accumulated leave (which is a lot by the way - a lot!). I'll sign up for COBRA (which HR told me yesterday they would do). This way I get August off as planned and I don't have to worry about insurance as I'll have COBRA for the next few months. My husband already has other insurance set up for after the baby is born.

Thanks for all the input, even though some were a bit mean and really unnecessary. I think some of you work in tough environments I guess. I have never seen a pregnant woman work until she was due - never. And I've known at least 7-8 women who have given birth in the last two years. And I could never see myself being mad at a person who was expecting a baby to taking leave. I mean, they are pregnant. You would expect them to take leave. All the replies about you would resent them, that's just mean and ill will from you. Sorry, but you people need to be nicer stop being so selfish. A mother has a right to put her family and baby before her co-workers.

Again, thanks all for the responses.

Anonymous wrote:

Anonymous wrote:OP after reading the last few of your posts, I'm wondering if you really understand the amount of time off you accrue. If you've worked at your company for about 10 months by the end of July and you have enough action leave to take the entire 22 working days of August off, that means you get more than one day of leave for every two week pay period in your first year on the job. I have never in my life heard of such generous benefits. That leads me to believe you calculated wrong and the real problem is that you will stop working and run out of leave before the baby comes, which makes you in eligible for insurance absent a COBRA election and payment.

And as to HR rescinding your vacation, yes, they can legally do it.

BTW, I am in employment lawyer with a specialty in health insurance, if that matters.

I'm the poster above you. There are companies in DC that give something like 9-10 hours of vacation time per pay period. My wife works for one. Yes, it's insane and I cannot believe it. As for the OP, if she went to HR they did the numbers not her.

I know that's true and I work for one too, but didn't get that level of benefits in year one. But, OP works for a small credit union and she's in her first year. HR tells her she has an insurance problem if she takes all of this time off. I think she's misunderstanding something. I could be wrong, but the insurance issue coupled with the uber generous seeming benefits package makes it seem unlikely that she understands her leave.

Anonymous wrote:OP after reading the last few of your posts, I'm wondering if you really understand the amount of time off you accrue. If you've worked at your company for about 10 months by the end of July and you have enough action leave to take the entire 22 working days of August off, that means you get more than one day of leave for every two week pay period in your first year on the job. I have never in my life heard of such generous benefits. That leads me to believe you calculated wrong and the real problem is that you will stop working and run out of leave before the baby comes, which makes you in eligible for insurance absent a COBRA election and payment.

And as to HR rescinding your vacation, yes, they can legally do it.

BTW, I am in employment lawyer with a specialty in health insurance, if that matters.

I'm the poster above you. There are companies in DC that give something like 9-10 hours of vacation time per pay period. My wife works for one. Yes, it's insane and I cannot believe it. As for the OP, if she went to HR they did the numbers not her.

OP after reading the last few of your posts, I'm wondering if you really understand the amount of time off you accrue. If you've worked at your company for about 10 months by the end of July and you have enough action leave to take the entire 22 working days of August off, that means you get more than one day of leave for every two week pay period in your first year on the job. I have never in my life heard of such generous benefits. That leads me to believe you calculated wrong and the real problem is that you will stop working and run out of leave before the baby comes, which makes you in eligible for insurance absent a COBRA election and payment.

And as to HR rescinding your vacation, yes, they can legally do it.

BTW, I am in employment lawyer with a specialty in health insurance, if that matters.

Honestly, most of the people replying to this thread are true morons who don't even READ what this OP is saying. You're probably skimming half the post and them assuming the rest.

My points:

1. Yes, it sucks HR decided to change their minds about the approved leave. But, they are allowed to do so unless they put it in writing, which they wouldn't because since when does HR put approved leave in writing.

2. You as the employee HAVE THE RIGHT TO ASK FOR ANY DAYS OFF as long as you have the leave time. Some of these replies act like "oh, the nerve of her trying to take time off!". Know what? Screw them. If you safed up all that leave GOOD FOR YOU. Seems like others here are jealous.

3. I see PLENTY of pregnant women take time off before giving birth. Who the hell are these people who act like they'd be offended if a co-worker took time off before labor. I feel sorry for you and your workplace. Plus, they KNEW SHE WAS LEAVING. It's not like it was a secret. They've known since MAY! Of course half you haters probably didn't take the time to read that part.

4. The insurance is iffy. It all depends on your company's policy.

Here is my suggestion: Since you have to resign and HR knows you have to resign you may as well do it now. This way you get August off as planned. All you need to do is sign up for Cobra. I mean you're going to have to get it anyway because they won't cover you in September anyway. So resign, pay for Cobra and you get what you want. Both parties move on.

Plus, companies have ZERO loyalty to employees. But, they expect the exact opposite from their employees. Screw them and take care of yourself and your family.

OP, you are resigning from your job. Regardless of the pregnancy, you are not entitled to health insurance beyond cobra which you pay for. Trying to conceive for a year and a half is no big deal. It took us and many others far longer and we did not expect anyone to cater to us. You sound very entitled. Congrat's on the baby but this baby and your finances are your responsibility. Either you get health coverage through your husband/child's father or you pay cobra. You knew this would be an issue when you conceived. Common sense would have been to wait a few more months till you could get FMLA, but even then it is only 6 weeks protection so that would not have worked for you.

Anonymous wrote:

Anonymous wrote: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!!

Sorry you feel this way, but I have seen many expecting mothers take time off prior to giving birth. Perhaps we work in different worlds. Also, I have to resign. What do you want from me? To take off one week, give birth, and come back to work? Are you crazy?

This is my baby. It's 10x more important than co-workers. Sorry.

Baby, yes - more important. Using up your vacation before maternity or resignation? Inconsiderate. Taking a month off is a huge deal. We have people who do it to travel to their home country or take a great vacation. They would never take 4 weeks off before taking another 3 months off to take care if an actual baby. It is clear you don't value this job or have any kind of work ethic. Good luck as a mom though!

Do you have it in writing that they originally said you could take PTO for the entire mos of August and still receive insurance coverage? It sounds like maybe the HR person was verbally saying okay like she heard you. When she went to check out the details she learned some new info like you have to work at least one day in the month before you resign to be eligible for health insurance through the end if the month.

I don't think you would win a lawsuit. It sounds like your boss did not approve your vacation leave. You write that you believe it is bc they need the coverage bc someone else is leaving. You just admited that they are not discriminating because you are pregnant. You need to do what you need to do to make sure you have insurance coverage until your child's birth. If you quit in August, you can be out in your husbands insurance, right? Does you OB accept his insurance? What were you planning to do for insurance when you resigned?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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.

They can tell you the day before your vacation that you can't take off. Welcome to a real job.

OP here. Can they also take away my health insurance because they know I have to resign to give birth?

You just don't get it OP. You keep saying they are doing this and that due to pregnancy because you think that will help your case but understand that it doesn't. Pregnancy is not a disability. Pregnancy does not give you authority to override rules and regulations. They are not taking away your health insurance because you are pregnant. They are taking it away because you can not perform the job responsibilities that you signed up for. HR can promise you the world and still take it away. They have that right. I think any smart attorney would tell you that you are not winning this one.

Op, I don't even know where to start.

Why would you expect them to pay your health insurance if you are not working for them?

This whole resigning this is a red flag. It sounds like you are losing your job once you give birth. I wouldn't be so sure they are going to hire you back. If that were the case, why not put you on leave without pay?

Anonymous wrote:

Anonymous wrote:

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.

They can tell you the day before your vacation that you can't take off. Welcome to a real job.

OP here. Can they also take away my health insurance because they know I have to resign to give birth?

Anonymous wrote: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.

OP here. Yes, I understand a company has a right not to approve leave. But, as I keep stating I went to HR months ago and they approved it. Also, when I first spoke with HR they knew I didn't qualify for FMLA which is why they said if I wanted to save up my leave to take before giving birth I could, since I had to resign anyway. I can understand if my leave was never approved, but I spoke with HR just for this reason and my managers knew about it as well. I didn't just spring this on them this week. We are talking about almost three months ago.

Anonymous wrote:

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.

They can tell you the day before your vacation that you can't take off. Welcome to a real job.

Anonymous wrote: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!!

Sorry you feel this way, but I have seen many expecting mothers take time off prior to giving birth. Perhaps we work in different worlds. Also, I have to resign. What do you want from me? To take off one week, give birth, and come back to work? Are you crazy?

This is my baby. It's 10x more important than co-workers. Sorry.

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

OP here. Yes, after I resign I was going to move to COBRA which HR already knew. But, I saved enough vacation time for me to use all the way until the middle of September (my baby is due the first week). I was planning on apply for COBRA for October and November and returning to work in December. I have family here to help take care of our baby so it's very helpful. And, as I stated above my managers want me back.