I gave notice to my employer in Nov 07 that I was expecting a child in May. At that time I was not enrolled in STD however I was advised to enroll for salary benefits by my HR department. They said I had to wait for open enrollment which was later that month and it would be in effect on Jan 1. Now it is March and I have been notified that my enrollment papers have been misplaced. I had to fill out the forms a 2nd time only 8 weeks before I am due. I was told that either way I may not have qualified for STD in for this claim as it may be viewed as a pre-existing condition. I have some HR understand and believe that had they turned the forms on time there would have been a great chance that I would qualify. I have not heard from the company that provides our STD yet to confirm anything however I am very frustrated with my HR department. They after all had plenty of time to get things in order.

My question is in two parts.
1. Based on the information provided is it possible I would qualify for STD?
2. If due to my company loosing the forms and if I am disqualified for this claims because of this. Is there any liability on there part?

duplicate post