My work said if I miss more than 5 hours in one week..every week from now till Nov 13th. I will lose all benefits. Regardless of doctors appts, ect. I can't use vaca/per/sick (i have none left), it wasn't much to begin with. I also cannot make up the time. They won't allow me. Can they do this?
2006-09-06 04:01:43 · 18 answers · asked by Anonymous in Pregnancy & Parenting ➔ Pregnancy
To answer some of your questions:
-We do not have FMLA (less than 15 employees)
-Our HR dept was the one who gave me this info (she is also my boss, the office manager)
-I have been here a year I am the receptionist
-This maternity policy is Short Term Disability
-My doctors are not open before or after work. And I work 45 mins away.
2006-09-06 04:33:08 · update #1
Oh and I am only getting 6 weeks...from when I leave. So if my baby is late and I only have like 4 weeks with my baby!
2006-09-06 04:33:49 · update #2
I can only lose my benefits if my average hours drops to 24 for the whole year. I can't imagine why they would take your benefits away for something that you can not help. Read over your benefit plans carefully, they can do this to you if it is clearly stated in your contracts.
2006-09-06 04:05:53 · answer #1 · answered by Ashley 4 · 0⤊ 0⤋
To add to the wealth of information you've already gotten -
If your company employs less than 50 people, it is considered a small business and therefore, the regular state/federal rules don't apply.
As was stated by one person earlier, FMLA only entitles you up to 12 weeks of leave from work - it doesn't specify paid or unpaid, nor does it dictate what a company has to do, other than keep your job open for you. And FMLA only applies if you have a certain number of employees.
I also agree that you may want to get in touch with a lawyer. Call your local Bar Association - all lawyers are required to do a fair amount of pro-bono work each year; you may get to at least talk to a lawyer for free or at the very least for a reduced cost.
I truly wish you luck. You also may want to consider finding a new job. If they are this unreasonable now and your baby isn't even here yet, what are they going to be like when he/she is here? Babies have LOTS of Doctor's appointments in the first year. Babies and small children get sick, allll the time. I would suspect that your employers could potentially make things very difficult for you if you have to call out because your child is sick.
I wish you the best of luck and hang in there!
2006-09-06 20:13:46 · answer #2 · answered by RavenSand 2 · 0⤊ 0⤋
Each agency that is public, not government, can set their own policies. Sounds like if you miss so many hours, you go below the minimum worked that is required for benefits. That means, you may have to work at least 20 or 30 hours a week to receive benefits. Where I worked it was 20.5 hours.
Go to Human Resources/Personnel and ask about applying for FMLA (family sick leave) which is a Federal thing that helps people kept their job.
Also, if you feel you are being discriminated against, call the Employment Security Office and ask them who can help.
2006-09-06 11:23:23 · answer #3 · answered by banananose_89117 7 · 0⤊ 0⤋
I really think that it depends on the business, the number of employees they have, and if you are full-time or not. If they have enough employees (I don't know the amount) you can qualify for the Family Medical Leave Act.
This is how my work's personnel manual defines FMLA:
The Family and Medical Leave Act of 1993 entitles “eligible” employees to a total of twelve workweeks of leave during any 12-month period for one of the following reasons:
A. The birth of a son or daughter, and to care for the newborn child;
B. The placement with the employee of a son or daughter for adoption or foster care;
C. The care of the employee’s spouse, son, daughter, or parent with a serious health condition; and
D. A serious health condition that makes the employee unable to perform the essential functions of the employee’s job.
Not all business qualify for having to abide by the FMLA laws...like if they have too few employees. FMLA will allow you to take the time off and guarantee you will still have your job, but it doesn't dictate a particular business's policy on benefits. I have to use FMLA for all of my dr appointments leading up to maternity leave.
2006-09-06 11:28:12 · answer #4 · answered by JordanB 4 · 0⤊ 0⤋
Most insurance through your employer requires you to work so many hours during the week. If your a 40hr wk employee, you have every right to go to your doc. As long as you give them enough notice of your doc appts.
I run a maid service in Missouri, and offer health benefits to my employees. I just ask that they try to schedule apts late in the day if weekends aren't available by there doc. I do this for myself as well.
But, I don't think that they can deny or drop your benefits. You need to speak with your Human Resources Department to verify the info you are given. You can even do online and look up State Laws regarding health care coverage and FMLA. They all vary state to state.
2006-09-06 11:17:09 · answer #5 · answered by blonde_bluekitty 2 · 0⤊ 0⤋
There is a minmum number of hours you have to work a week to be eligible for benefits. If you work below that minimum, they can take your benefits away as you are no longer "full time" or "part time", (whatever that is with your company). You can file for FMLA only for time off due to medical purposes, those hours they won't pay you, but they have to let you off. I don't think FMLA covers benefits either, only that they have to gurantee you a job while you are on qualified medical leave. However, they do have to offer you COBRA, where you have to pay the insurance yourself, but with the same current rates.
2006-09-06 11:32:58 · answer #6 · answered by mom_of_ndm 5 · 0⤊ 0⤋
It depends on your state labor laws as well as company policy. If you don't work a full time schedule (26-40 hours a week) then technically they can take your benefits away. As for you not being allowed to use your vacation or sick time for doctors appt.'s, that's a little harsh. Contact your Human Resources Department for your employee rights. Good Luck!
2006-09-06 11:30:54 · answer #7 · answered by superrix83 4 · 0⤊ 0⤋
You need to look up the guidelines at your work. I know the job that I worked before I had my baby we had to average 32 hours a week to get benefits so if I only worked 30 hours this week I had to work at least 34 hours the next week to average out. Look it up or call your human resources department to find out what the policy is.
2006-09-06 11:05:10 · answer #8 · answered by rye252000 3 · 0⤊ 0⤋
All you're really entitled to is 12 weeks unpaid leave after birth or adoption in most circumstances, and even then it depends on what type of job you're working. Your employer isn't really required to give you time off, except after you have the baby and under certian circumstances.
It boils down to the generosity of your company, and yours doesn't seem to be very generous.
Contact your states department of labor.
Good job womens rights activists, women are just as tough as men and are expected to work just as hard as men, thus no sympathy for child bearing. :)
2006-09-06 11:11:12 · answer #9 · answered by sovereign_carrie 5 · 0⤊ 0⤋
Have you had your child yet? If not, you could potentially file under short term disability, you wouldn't get paid, but you would keep your job. If you have already had the child, you could fall under your company's maternity leave policy and short term disability as well.
2006-09-06 11:04:19 · answer #10 · answered by Robin A. 3 · 0⤊ 0⤋