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Texas FMLA denied 10 days before due date

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  • Texas FMLA denied 10 days before due date

    I had NO idea that my FMLA would be denied due to the fact that I started my teaching job with my current district this year ( have been teaching for 5 years). My schduled last day is this Friday and I was just notified that I will be on temporary disability leave ( no insurence- COBRA option).

    I have received no information on COBRA yet and feel VERY cheated by the HR department / Benefits dept. When I accepted the job I had no idea I was pregnant. I did find out soon after and asked the benefits dept. about insurance- they informed me I only had to worry about not having short term disability. I would have NEVER signed up for district insurance had I known it would be terminated when I needed to go on maternity leave.

    I applied for FMLA in Dec., was told everything was in place by a rep. in Jan., and received a letter via cert. mail Saturday, Feb. 19th saying I was denied. The letter was dated inside Feb. 10th, postmarked Feb. 18th, and I picked it up the 19th at the post office ( they paid over $5 in postage to get the letter to me this quickly).

    I contacted HR today and the head HR officer apologized about the lapse of time and said he would go talk to Benefits and get back to me.....this was over 3 hours ago.

    I feel cheated and disrespected. My child is due March 4th and my disability begins the 2nd.....this doesn't feel right.

    Did they screw up?

  • #2
    What was your first day of employment with them?

    Comment


    • #3
      The legal requirements for FMLA are that:

      1. You've worked for the employer for more than one year.
      2. You've worked more than 1250 hours in the past year.
      3. The employer has 50 or more employees within 75 miles of your job site.

      All of the above must be true. If you started at the beginning of the school year (which is what it sounds like from your post), you haven't worked there for more than 1 year.

      FMLA requires the employer to continue your insurance. If you're not covered by FMLA, then the employer does not have to do so.

      The clock doesn't start ticking on the employer's requirement to provide you with COBRA paperwork until your last day at work. At that point, they have 44 days to send it to you. If you choose to elect COBRA coverage, it then becomes retroactive to the date your coverage was terminated by your departure.

      So, no, unless there's additional information, I don't think that the district screwed up. They shouldn't have verbally told you that you were eligible for FMLA, but that's not illegal. Sorry -- I know that this is not the answer you want to hear.
      I am not able to respond to private messages. Thanks!

      Comment


      • #4
        The only pregnancy leave laws that Tx. has that goes beyond federal law are:
        Gov. Code 661.202 & Education code 21.409.

        State employees are entitled to leave without a reduction in salary for sickness, injury, or pregnancy and confinement if such conditions prevent the employee's performance of duty.

        Full-time educators employed by a school district shall be given a leave of absence for temporary disability, which includes pregnancy, if the disability interferes with performance of regular duties.
        Last edited by Betty3; 02-22-2010, 01:29 PM.
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        • #5
          Originally posted by kheimer View Post
          I had NO idea that my FMLA would be denied due to the fact that I started my teaching job with my current district this year ( have been teaching for 5 years). My schduled last day is this Friday and I was just notified that I will be on temporary disability leave ( no insurence- COBRA option).

          I applied for FMLA in Dec.,

          I feel cheated and disrespected. My child is due March 4th and my disability begins the 2nd.....this doesn't feel right.
          I believed that the probles is that you have not worked for the required 1 yr & 1250 hrs in your current district. You should read 825.600 series which are "Special Rules Applicable to Employees of Aschools". However you still must meet the elegibility requirements, of 1 yr & 1250 hrs with your current employer/district.

          http://www.dol.gov/dol/allcfr/Title_.../Subpart_F.htm
          Last edited by ArmyRetCW3; 02-23-2010, 03:10 PM.
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