Hello,
My husband and I live in AZ and we want to try and start our family. I am graduating from college in December but I would like to start trying to get pregnant now. Most of the job offers I have received out of college will start in January and February. If I get pregnant before starting one of their positions will their insurance have to cover my maternity care or is it considered a pre-existing condition? Keep in mind that the benefits for the jobs start on day 1. How about the FMLA and short term disability? Will I still be able to get short term disability? I dont want to start trying to get pregnant, my future employer wont cover my maternity care, and then I am stuck at the same job I have now. Thanks for your help!

Hi, Arizona person. I'm in Ahwatukee. In any case, are you covered by insurance now? Under HIPAA, if you have insurance now through a company-sponsored plan and you go to new insurance without any break in coverage, your conditions that existed under the previous plan will continue to be covered.

To be covered under FMLA, you must work at least 1250 hours over a one year period in order to be eligible for leave AND your employer must have at least 50 employees in a 75 mile radius. So, under FMLA, you will not be eligible for a leave until January 2006 at the earliest (assuming you start work in January 2005).

Eligiblity for short-term disability is dependent upon the plan that you participate in. Many employers do not have short-term disability plans.

Congrats on your marriage. Let me know if you have any other questions.

Hello,
Thank you for your help! So does that mean that they do not have to give me the six weeks off after a pregnancy? Could they just let me go?

They could let you go if that's what they do with others who are not pregnant and who need to take six or more weeks off. The reason that they can't treat you any differently is that pregnancy is protected by federal discrimination laws.

Also, be aware that federal discrimination laws only apply to employers who have at least 15 employees.

Let me know if you have any other questions.

My company provided insurance and sold the property I now mange to a new company that advised me to take Cobra instead of taking their new insurance and they would pay for it, since I was already pregnant. Now they do not want to pay the Cobra after a few months. Am I still eligible to get the benefits of the new insurance for the new company? All other nonpregnant employees were eligible on day one of the transition. Would my pregnancy be considered a pre-existing condition and not cover me on the new insurance?

By law, pregnancy cannot be considered a pre-existing condition on a employer sponsored group health plan. But without reading the policy we cannot know if you are still eligible to join the new plan or if you will have to wait for the next open enrollment period. There is nothing stopping you from continuing to pay your COBRA yourself.

But if all non-pregnant employees were eligible on day one of their employment, you may have case to put before the EEOC.