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How is this possible? Arizona

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  • How is this possible? Arizona

    Ok, I have a new issue that just presented itself to me today. My last two threads were STD and UI and what to do now? Today I get a letter in the mail from my employer. It states I will be directly billed for the next two months of insurance premiums. HR never told me this was going to happen. She made it seem like they were paying my insurance. Obviously if I dont have an income, I dont have money for insurance premiums. Remember, they haven't terminated me but are giving me 30 days to post for an open position. Well, at the bottom of the letter it says it's based on my "personal leave". What? I have never taken a personal leave. I did not request one and that is not what the original letter stated when this all happened. Can they really put me on a personal leave without my knowledge? I feel they are jerking me around. What do think is going on here? What is my recourse?

  • #2
    If you are not working and you are not covered under FMLA, the law does not require that they continue paying for your health insurance. Even if you WERE covered under FMLA, you would still be required to pay the same portion of your premiums as you would if you were working. Do you have anything in writing, or any company policy, that states that they WILL continue to pay? Do you have a contract or CBA that guarantees they will provide you with paid up health insurance?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Although the insurance premiums are an issue, that is not my main concern. I did not ask for a personal leave. I was told they didn't have a position for me after my STD was up. I was told I had 30 days to post for any open positions, then I would be terminated if that did not happen. Ok, fine I will deal with a bill for the insurance. But, I don't want the fact that they said Im on a personal leave to affect me getting UI benefits. I would never had expected to have free health insurance for two months. But, again, why would she not tell me this when we spoke last week? Im not actually asking you that as you cannot answer for the HR lady. I feel she is very unprofessional. But, again, it's the letter stating I am on a "personal leave" that is really bothering me. Wouldnt I have had to ask for that and sign paperwork for it?

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      • #4
        Wouldnt I have had to ask for that and sign paperwork for it?
        No. The employer can put you on any 'status' they choose. If they want to call it personal leave, they may. If you had added this post to your other thread, we would know what I situation was; I don't remember.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Patty is correct. They may call the leave anything they wish; there is no legal definition of "personal leave" and no law requiring that you make a request for it and sign any paperwork for it to be considered so.

          The fact is, your STD is up, or will be shortly. You do not qualify for FMLA. Your position has been eliminated, or for some other reason your position is not longer available. Although they are not obligated to do so under the law, they are giving you 30 days to find another position. This is MORE than they are required to do under the law. From your posts, they have done all they are required to do and more; yet your posts still suggest that you think they are in some way doing something illegal.

          Your UI benefits will NOT be affected by the fact that they choose to call it, personal leave. The UI office will consider all the facts involved, including the reason you are not working. They are not going to simply look at the words, personal leave, and rubber stamp your claim, Denied. It doesn't work that way. The UI office cares for the REASON you are not working. They do not care what the employer calls it.

          I'm not yelling at you; I'm trying to put your mind at ease. I think that you do not really understand how the law works in this respect, and as a result you are worrying about things that you do not really need to worry about. Please relax and give the system a chance to work.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Originally posted by cbg View Post
            Patty is correct. They may call the leave anything they wish; there is no legal definition of "personal leave" and no law requiring that you make a request for it and sign any paperwork for it to be considered so.

            The fact is, your STD is up, or will be shortly. You do not qualify for FMLA. Your position has been eliminated, or for some other reason your position is not longer available. Although they are not obligated to do so under the law, they are giving you 30 days to find another position. This is MORE than they are required to do under the law. From your posts, they have done all they are required to do and more; yet your posts still suggest that you think they are in some way doing something illegal.

            Your UI benefits will NOT be affected by the fact that they choose to call it, personal leave. The UI office will consider all the facts involved, including the reason you are not working. They are not going to simply look at the words, personal leave, and rubber stamp your claim, Denied. It doesn't work that way. The UI office cares for the REASON you are not working. They do not care what the employer calls it.

            I'm not yelling at you; I'm trying to put your mind at ease. I think that you do not really understand how the law works in this respect, and as a result you are worrying about things that you do not really need to worry about. Please relax and give the system a chance to work.
            I am clearly not an HR pro or anything remotely close to knowing what is "common" practice on the side of an employer. I have been worrying as I have 3 kids and no income and everytime I turn around my employer is saying something different then in my phone conversations with HR. This does cause me concern. Im sorry if I seem panicked, but I sorda am. I do appreciate all of your professional responses. This is the first time I have ever dealt with any of these things....STD, UI, personal leave, it's all foreign in regard to the rules. I will try and be patient and see what happens this next week, as the UI office said I'd be getting a payment. Thanks again.

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            • #7
              I completely understand why you're worried. That's why I'm hoping I can help you relax - worrying so much can't be good for your recovery! If the UI office has already said you'll be receiving a payment, that's a good sign.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment

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