Can this be legal????

[phxhags5]

Hoping somebody out there thinks this is wrong too. You tell me...

I am 24w pg with identical twin girls. On Friday 6/13, my Peri wrote instructions to my employer that I am to limit my work hours to no more than 4 hours per day or part-time. I was previously a full-time employee.

Today my employer tells me that they are no longer going to continue to pay their part of my medical insurance, and that if I wish to continue carrying this insurance that I will have to do so under COBRA at a cost of $285 PER MONTH!

Now, I ask you does this seem right?! I have called my attorney and asked him to look into this (not really his forte, but willing to help). I've also called the state to look into this and they advised me to contact an attorney. EEOC said the same thing.

Has anyone else run into this problem? Am I going crazy? How can I possibly afford to pay half of my part-time income towards what was previously being paid for by my employer? (Would switch to hubby's policy thru work, but does not cover the expenses that my current insurance does.)

[twinglez]

but also check with your HR, what happens when you change over to part time status DUE to Medical advice? Is it covered under disability? But yes, I would talk with an attourney and if yours doesn't know or is not sure where to check, ask him to refer you to someone who knows medical issues in regards to employers.

Good Luck

[AmyY]

Consulting an attorney is probably a good idea, I think laws on this vary from state to state. In my state going to half time keeps you on insurance, it's just if you drop below that that you have to go on COBRA.

It sounds like your employer is giving a stock response and not expecting a challenge. Do challenge!

[Keeler5]

I don't know if it's legal or not but it sure does look bad for your company. There is a website for the Department of Labor it is www.dol.gov and their phone number is 1-866-4-USA-DOL. Maybe you can contact them and find out what your rights are. Good luck and keep us posted on the outcome.

[tssecord]

I believe all companies, along with all states, are gonna have different policies. I know the company I work for does not provide health insurance for part time employees. I worked full time until I went on disability leave and was covered the whole time. If you take disability leave while still full time, then you would definately be covered, but I don't know about part timers. Check with other part timers at your job (if any) and ask about their insurance!

[tssecord]

One more thing, you may be eligible for healthy start insurance depending on your income. A cousin of mine received this as she did not make very much (she's very young) and they covered everything. This is in Ohio, so I don't know if all states carry it. I believe it's a form of welfare, but you'll have to checkout into the guidelines to see if you make too much.

[GayletwinsMom]

I know what it feels like to be pregnant with twins and have to deal with this type of stuff.

Bu tbeleive me there are always loop holes, my old employer didn't pay insurance for part timers either so my I talked to my Doctor and he put me on Full Disability for the rest of my pregnancy. That way I was still a Ful Time employee when I went on Disability and they had to cintinue to pay my benefits. Disability is not the greatest but at least pays something.

[Steph12]

Your work is just taking away your full time benefits. I know that they can't do that at my company if it's for medical reasons. It's covered under our disability policy. You might ask your doctor to take you out of work for the duration then it's definately covered under disability insurance. Good Luck.

[inkabinki]

Insurance is part of the FMLA act. I thought it was and did a bit of checking and found this website. http://www.elinfonet.com/FMLAsum.php
It even says about insurance. Most people don't know that FMLA can be taken in blocks of time. You should be included in this since you're losing time. Like you can take a day here, a day there. You can also take an hour here or there. My husband did this to go to some important dr. visits. You should bring this up to your lawyer. I don't know how big your company is or how long you've worked there, but you can check the site for the qualifications for your employer. I also just read that they have changed employer regulations to include more companies, so you might want to check that too. As for Arizona law, they have to do atleast as much as federal law says. And that website is the federal law. States can do more, but not less. Good luck to you. Don't let them bully you.

[sullytwinboys]

How many employees work at your company? If your company has 50 or more employees then FMLA will apply. BUT, if you take that option then it gives you only 12 weeks of time where your job is protected. But, you will have to pay your contribution of your health insurance.

Not, to be negative, but if you work for a small company is it fair to your employer that he/she should have to pay your benefits when you are only able to work a minimal amount of hours. He/she still needs to run their business. If its a large company then that is a different story.

Most people don't realize that you can be fired for not coming into work even if you have a sick note. If you can't perform your job at all, even if its because of disability you can still be fired. If you can perform your job with reasonable accommodations then you can't be fired according to the ADA.

Just some food for thoughts.

[phxhags5]

Thanks to all for your posts. Here is what I have found out:

Since I was not with the company for a year or more, I do not qualify for FMLA.

I have since been ordered to "House Arrest" by my doctor which means no work at all, so I have applied to the state for assistance. The good news is that my doctor is right behind me willing to assist me in fighting this in any way he can. (Just the moral support is appreciated at this point!)

And just a side message to Nicole: While I do see your point, is it really fair to punish me for getting pregnant? I guess I see this as a once you give me benefits, you better have a dammed good reason for taking them away. And to me, being unable to work for medical reasons is just not a good enough reason. If every employer could take away benefits because of a temporary disability, then I'm sure you would see more ADA lawsuits.

[Keeler5]

Erin~
At least you have your doctor backing you up. What has your attorney said? Keep us posted on what comes of this. Good luck!!

[twinboys07]

I feel for you. I hope everything works out. I had my twins two weeks ago, but I was so scared I would run into issues like this when I found out I was having twins. I work 12 hour shifts and on my feet constantly and was sure I would be put on bed rest at 30 weeks, but fortunately my doctor let me work since I had a perfect first pregnancy and everything was going fine this time. He kept a close eye on me. I have health insurance through my husband so that wasn't an issue for me, but I was concerned I wasn't going to get my 12 weeks off after the birth and I wanted and needed this so much. I went to Human Resources and dug through the policies myself. Human Resources wasn't encouraging in my case, but once I found some policies I knew that if it came down to it I had something to fight with. Thankfully, and I know very unlikely with twins I was able to work 12 hour shifts 3 a week until I delivered without any complications and I never had to face the issue. I sure hope everything works out for you. Your having twins that's enough to worry about without having to deal with this.