PDA

View Full Version : denied maternity leave in texas Texas


drmillard
06-08-2006, 09:12 PM
I have been denied STD benefits and maternity leave by my employer and don't know what to do next. My last work day with my company was April 28, 2006 due to premature contractions while at work that could only be alleviated by sitting for extended periods, which I was unable to do at work. My STD benefits were denied because bed rest isn't considered a disability and that I accepted. The day my STD claim was denied I contacted the company responsible for reviewng my STD and maternity leave eligibility to find out what was necessary to have my maternity leave approved and followed each of the requirements after giving birth to my son on May 29, 2006. My maternity leave claim was then denied as well. The reason I was given for denial was that my last work day was more than 30 days from my delivery date. My employer has no written policy or procedure that states this requirement nor was I told by the outside claim processing company at any time prior to the denial of my claim(I could have been induced prior to the 30 day mark had I known this as my son was overdue). For this reason the company has initiated an appeal on my behalf, but this process can take up to 90 days and I have already been without pay since the beginning of May. Is there anything I can do without having to wait 90 days for an appeal?

cbg
06-09-2006, 06:14 AM
You are not due PAID maternity leave under the law in any state but CA. Whether you are entitled to income replacement under your STD policy is subject to the terms of the policy. You are entitled to appeal the denial but no laws have been violated and you don't have any recourse under the law outside the appeal.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements