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Benefits lost from medical resident to physician job change? Connecticut

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  • Benefits lost from medical resident to physician job change? Connecticut

    My wife is a Connecticut doctor. She completed a three year residency at a hospital here then stayed on as an attending physician. She has worked in this new position for ten months.

    We're expecting a child in a few weeks. Her hospital has said that she will not receive any maternity pay. Their position is that she lost the benefits a resident would get when she became an attending, and she has not earned the one year of service required for an attending to get maternity benefits.

    They say her residency does not count toward her service because medical residents are not employees in the normal sense. From our perspective, when she was a resident she had an employment contract and paid taxes the way an employee would.

    Are their arguments correct? Can it really be that after 3 years and 10 months of work at this Hospital, she can be considered to have only 10 months of service?

  • #2
    Originally posted by shogungt View Post
    My wife is a Connecticut doctor. She completed a three year residency at a hospital here then stayed on as an attending physician. She has worked in this new position for ten months.

    We're expecting a child in a few weeks. Her hospital has said that she will not receive any maternity pay. Their position is that she lost the benefits a resident would get when she became an attending, and she has not earned the one year of service required for an attending to get maternity benefits.

    They say her residency does not count toward her service because medical residents are not employees in the normal sense. From our perspective, when she was a resident she had an employment contract and paid taxes the way an employee would.

    Are their arguments correct? Can it really be that after 3 years and 10 months of work at this Hospital, she can be considered to have only 10 months of service?
    Are you asking about STD benefits or FMLA?
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      Short-Term Disability and also a benefit her employer offers call Extended Illness Bank (EIB). They are offering her unpaid FMLA leave.

      Comment


      • #4
        Those benefits are not covered under law... but from the policy that the company has and applicable company policy.

        We wouldn't be able to comment on that.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          However, she can't be discriminated against because of her pregnancy under the federal Pregnancy Discrimination Act (applies to employers with 15 or more employees) or the Ct. State Pregnancy Discrimination Law (applies to employers with 3 or more employees).

          She has to be treated the same as any other employee in a similar situation needing leave for a medical condition (ie broken leg). If they would get STD and/or EIB, then she should get it also. If they wouldn't get either, she doesn't get either also. It's up to co. policy when these benefits are available but similar situated employees have to be treated the same.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Originally posted by Betty3 View Post
            However, she can't be discriminated against because of her pregnancy under the federal Pregnancy Discrimination Act (applies to employers with 15 or more employees) or the Ct. State Pregnancy Discrimination Law (applies to employers with 3 or more employees).

            She has to be treated the same as any other employee in a similar situation needing leave for a medical condition (ie broken leg). If they would get STD and/or EIB, then she should get it also. If they wouldn't get either, she doesn't get either also. It's up to co. policy when these benefits are available but similar situated employees have to be treated the same.
            Is the one year of service requirement for all STD and EIB benefits? If so, your wife has to meet that requirement even under the Pregnancy Discrimination Act. For discrimination purposes, she is not similarly situated to an employee who has met the eligibility requirement. Therefore, the act would not require similar treatment.

            Medical residents typically are not employees in the traditional sense. But whether her employment as a resident counts for benefits purposes as a hospital employee depends upon the hospital's rules. She also should check her contract for employment as a resident. It probably addressed some of this.

            Comment


            • #7
              Originally posted by mitousmom View Post
              Is the one year of service requirement for all STD and EIB benefits? If so, your wife has to meet that requirement even under the Pregnancy Discrimination Act. For discrimination purposes, she is not similarly situated to an employee who has met the eligibility requirement. Therefore, the act would not require similar treatment.
              When I said in a similar situation - that's what I meant a *similar situation* (ie someone who also didn't meet 1 yr. requirement) Someone who was in a similar situation but needed time off for a different medical condition than pregnancy. (ie broken leg) She would have to be treated the same as them. (if time limit needed to be met for any medical condition, then it does have to be met for pregnancy also -- but if time limit didn't have to be met for a broken leg, then it wouldn't for pregnancy either) She can't be discriminated against due to her pregnancy.

              If she didn't met the time limit & someone else did, she wouldn't be in a similar situation! (& in that case she would not have to be treated the same as someone who did)
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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