EHoover
05-26-2006, 06:04 AM
I started a job in the beginning of March and accidentally (but happily) got pregnant at the end of March. HR has told me that short term disability is not an option since I did not sign up for it when I started - the re-enroll is in November, but won't cover me for my Dec. 20th due date. HR has also told me that I'm not covered with FMLA, hence no guarantee that my job will be held, because I will not have worked a full year. Isn't there anything I can do to guarantee job security or some sort of leave? I asked if pregnancy is considered a qualifying, life-changing event and they said that since STD is an optional benefit, I cannot sign up for it. Any advice??????
No, there is really nothing you can do. They are not required to allow you mid-year to come back and enroll in for a benefit you declined initially; in fact, in some circumstances, they are not permitted to allow it under the law. PA has no state disability plan. In any case, STD is income replacement only; it is NOT leave time and does NOT provide job protection.
Since you will not have been with the company for a year yet, FMLA (which is unpaid) will not apply.
Pattymd
05-26-2006, 06:23 AM
They cannot offer you FMLA job protection even if they wanted to; you haven't worked there long enough. And STD is not a plan that recognizes "qualifying events" as medical insurance does, so they don't have to let you enroll before the open enrollment period, since you didn't enroll in your new hire window. That's the thing with insurance; you buy it when you don't need it so you have it when you do.
If the employer would offer some type of income supplment, leave, or job protection for other similarly situated employees who could not work because of a non-pregnancy related condition, they would have to do the same for you; an employer cannot discriminate against you solely because you are pregnant. On the other hand, they don't have to give you any additional advantages they don't offer other nonpregnant employees, just because you are pregnant.
All I can suggest for job protection is to show your value to the company for as long as you can and maybe they will give you a break when the time comes. What's important is that you have a healthy baby. Congrats and good luck.