I work for a small, newly established environmental company in Pennsylvania. I thought I would retire from this place when I first started working here, but now I'm beginning to think I work for money-hungry jerks, who could care less about their employees' well being!! Let me explain my situation, and I apologize ahead of time for the length of this entry, but it's complicated.

I am underpaid to begin with, but unfortunately they can get away with it since this area does not have a lot of jobs to offer. Now here I am 5 and a half months pregnant, causing me to worry about my financial status even more so. Our employee hand book states that "the maximum length of unpaid pregnancy leave allowed is 12 weeks." It clearly says that any accumulated vacation time can be used AFTER the 12 weeks, preventing me from getting ANY kind of pay during that time. On top of that, it says I can keep my insurance benefits, but I would have to pay for them. It doesn't say if I would have to pay just my portion, or the total of which myself and my company pay togther... knowing them it will be the total, and that is just out of the question, it is ridiculously expensive. But, I will NEED the insurance for the baby!

Here is what doesn't make sense to me... first of all, I am a salaried position. Aren't salaried positions "salary" for a reason? I work all kinds of overtime that I do not get compensated for in any way, now I have to take some time off, shouldn't it work both ways? Isn't that one advantage to being on salary? Also, we have unlimited sick days? Couldn't I get SOME of that 12 weeks as "sick days" since they are unlimited?? So, I did some further research in our handbook and found that they do not offer any short/long term disability. That "if you are sick for more than 5 days in a row, you must contact (them) and arrange for an unpaid leave of absence."

So a couple weeks ago, we got letters in our mail box saying that the company now offers short and long term disability... you will get 60% of your salary. So I got so relieved and exciting, thinking they did it for me. But I went to ask my boss to make sure it would apply to me, and he said "it shouldn't, short term disability is more for surgeries or like a lengthy sickness..." but then he also said he didn't know for sure and he would talk to our insurance agent, who is conveniently his brother! First of all it makes me mad that THAT is his first reaction... "it shouldn't", no sympathy what so ever. And I'm sorry, but isn't having a baby about the same thing as a surgery? Its not like I can get up and come to work the next day, even if I wanted to!! Anyways, the president of our company asked my boss's brother about my situation, and he said that some insurance companies will see maternity leave as short term disability and some do not, he could not recall if ours does or not... but even if they do, I will probably not get it because I would be considered pre-existing since they just adopted the policy. But he was going to "look into it" for me. I still have not gotten an answer... and every time I bring it up, I feel like they are avoiding giving me an answer!!

Now, to add to my misery... I've looked into WIC and other financial aid for when the baby is born, and I do not qualify for ANYTHING!!! So I either have to give up staying at home for 3 months with my new born, which what mother wants to do that... or go 3 whole months without ANY pay, and living paycheck to paycheck already, that is not possible. Could I file for unemployment during this time? If I do, can I stay on my company's benefits?

Does anyone see anything wrong with this?!! It just does not seem right to me. I feel like I'm being punished for having a baby! Is there ANYTHING I can do? :(

If your company has under 50 employees at your location (and I suspect that it does), then it is not subject to the Family and Medical Leave Act. FMLA provides 12 weeks of unpaid leave with job protection. If it is subject to FMLA, then the employer must continue your health benefits although you can be required to pay just your portion of the premiums.

If the company is that small, then its obligation is to treat you no differently than an employee who needed medical leave for a non-pregnancy condition (a broken leg, surgery, etc.). If the company is not subject to FMLA and they are willing to give you 12 weeks plus any accrued vacation time, they have exceeded their legal obligation.

Since no law requires an employer to provide sick days (outside of FMLA situations), there is no law that regulates their use. Employers can use their own discretion in establishing sick leave policies.

Pennsylvania is not one of the five states that requires employers to provide STD. Even if it did, STD is only for the time that you are physically disabled, which is usually 6 to 8 weeks.

Given that this is a small, new company, I'm not sure I agree with your characterization of the owners as money-hungry jerks. It sounds like they are trying to improve the benefits package as quickly as they can.

Companies are not required to offer short term disability. Your pregnancy could very well be considered pre-existing. However, it is not up to the insurance agent brother to decide-it is up to the insurance company.

Having unlimited sick days do not apply when you are out for 12 weeks.

Your employer is not required to continue to pay for YOUR health benefits while you are on leave.

You can file for unemployment, but you aren't unemployed.

Many people don't have the opportunity to stay out for 12 weeks. Many of us live the same way. Many of us also prepare for the maternity time by saving up money.

Why didn't you read the handbook before you decided to get pregnant? How long have you worked there?

With the possible exception of California, no law in any state requires that you be provided with 12 weeks of paid medical or maternity leave. Being salaried or exempt does not mean that you have to be paid when you are off work for an extended period of time.

Perhaps it was a bit harsh for me to call them "money-hungry jerks." And that opinion is probably more based on other aspects of the company, not so much their benefits... but it was wrong of me to say that. They are actually really nice people in general, just not the best businessmen.

I posted my thread seeking guidance... I thought maybe someone in a similar situation would be able to give me some advice. I'm kind of shocked by your responses. I did not realize that they were not even required by law to give me time off at all... I assumed the FMLA applied to all businesses. We definately do not have 50 employees. With that in mind, it seems as they ARE being more generous than they have to. I am glad that was pointed out to me... it gives me a brighter outlook.

I realize that a lot of women do not get the pleasure of staying home with their baby for 3 months. I guess I should be thankful just to have a job with benefits, and to be given time off at all!

Hold on a second- are you exempt or non-exempt? Salaried is a pay method and is irrelevant to overtime- it's your exemption status that matters.

Also, you mention that they have unlimited sick time. Have they explained why it wouldn't apply for at least the time you are out disabled? 6-8 weeks generally.

I would think that the STD would cover at least that portion as well, as generally you are considered disabled. I've not seen a private policy with a pregnancy exclusion, but there is a first for everything! If they deny STD to you, I would ask to see where it is in the plan document.

I know of no STD that would allow you to start it while you are pregnant. Most every one I've heard of has a year waiting period for pregnancies. Regardless of who the broker is or who underwrites the policy, I think you'll find that the case. So this is most likely not the employers brother pulling a fast one.

Hold on a second- are you exempt or non-exempt? Salaried is a pay method and is irrelevant to overtime- it's your exemption status that matters.

Also, you mention that they have unlimited sick time. Have they explained why it wouldn't apply for at least the time you are out disabled? 6-8 weeks generally.

I would think that the STD would cover at least that portion as well, as generally you are considered disabled. I've not seen a private policy with a pregnancy exclusion, but there is a first for everything! If they deny STD to you, I would ask to see where it is in the plan document.

This wouldn't be a private policy. This an employer-sponsored policy. Most individual policies (I'm guessing that is what you meant by private) specifically exclude pregnancy, ESPECIALLY as pre-existing.

AL HR... I'm not sure what you mean by "exempt"?

As I mentioned previously, I have not yet gotten a response of whether or not our insurance will treat maternity leave as short-term disability. But I'm guessing it does not matter, because even if they do, my pregnancy will probably be considered a pre-existing condition.

Seriously, though. Why hadn't you looked into all of this before you got pregnant?

(I do understand that you now realize that your employers aren't bad people.)

I never really thought they were "bad people"... like I said, they are actually really nice, just not the greatest at running a business, in my opinion. Plus, I think I just had my hopes/expectations too high. I realize that a lot of women have it a lot worse, and I should just be grateful that they are giving as much as they are.

Honestly, the maternity/disability policies are something I never even thought to look at or ask about when job searching. As long as they offered insurance, I was satisfied. I will be sure never to make that mistake again!

I never really thought they were "bad people"... like I said, they are actually really nice, just not the greatest at running a business, in my opinion. Plus, I think I just had my hopes/expectations too high. I realize that a lot of women have it a lot worse, and I should just be grateful that they are giving as much as they are.

Honestly, the maternity/disability policies are something I never even thought to look at or ask about when job searching. As long as they offered insurance, I was satisfied. I will be sure never to make that mistake again!

Answer AL's question. What exactly do you do? Are you an engineer? Do people report to you?

I am a Civil EIT. I do not have my PE yet, so no, I am not important enough for people to report to me... yet. Someday though!

I am a Civil EIT. I do not have my PE yet, so no, I am not important enough for people to report to me... yet. Someday though!

Spell it out. We don't know what those letters mean. We're not important enough either.

Engineer in Training is what EIT stands for. That is what I will be until I take and pass another test to become a licensed engineer, or a PE (professional engineer).

FYI, under the law, a HEALTH insurance policy that is employer-sponsored CANNOT consider pregnancy pre-existing. The same does not apply for STD policies.

However, I have yet to see an employer-sponsored STD policy that considered pregnancy to be pre-existing. Only the carrier or their administrator can give you a definite answer, but I've been doing this for more than 25 years and have seen a whole lot of STD policies in that time. The odds are in your favor.