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Jack Said:

I have a legal questions about Maternity Leave / Benefits...please help!?

We Answered:

It's understandable to not want to discuss this with your HR department but this is a good example of time when it is necessary. Be honest with them and they will do the same with you.
Every company's policies are different.
They may also be able to suggest some additional options for you as far as obtaining insurance before the baby is due.
Being honest and finding out all of your options from your company is the best way to go so you will not be surprised when something isn't what you thought.
Also make sure to get every little bit of information they give in WRITING. This will cover you in case they decide to change their mind and you need proof of your conversations.
Good luck.

Dennis Said:

Getting Laid off Due to disability.?

We Answered:

Like the others said already..
1) any failure to pay your insurance is usually grounds to cancel the policy.
* You should check any documents you have, as there might be an exception for disability - but you may have to notify them in writing, meet time limits, etc. If you don't understand these contracts, or if you can't find a copy -- get HR and or the insurer to send you a copy of any/all documents, and yes - you might want a lawyer to help you fight this if you think you have grounds.

2) Layoffs- it depends on what State you live in for a lot of this. While FMLA offers some protection, many States allow employers to hire and fire at will, without even needing a reason. These same protections allow you and me to quit any time we want - without giving notice or a reason.
Check several sources; FMLA laws, State laws about disability and labor/layoff, your employer handbook or HR website for their own rules, any Collective bargaining or Union contract you might work under, and any rules about your LTD insurance.

*Again, this is a terribly tough time for you to deal with your illness and your layoff. Trying to make sense out of all these different rules is complicated - even for lawyers that do this stuff.
You may want to ask a lawyer for a consultation - if for nothing else but to help you understand what is going on.

**** If your LTD is provided by the company, and you are now layed off.. you might be losing that too.
Get right to checking the rules and talking to a lawyer -- or at least a trusted friend fast.
Don't sign any termination agreements unless you are really clear on all your options, too.

I am surprised that this employer hired you in the first place. It sounds like you are pretty special -if they hired you knowing they might lose you .. and they are pretty reasonable to hire you knowing that the company insurance would probably take a hit when you did get sick(-er) .

I wish you all the best, and pray for your best outcome.

Francis Said:

I have a legal question about maternity leave / employee benefits...please help!?

We Answered:

FMLA coverage is for employees that intend to return to work. If you don’t intend to return to work then you are not entitled to FMLA coverage, and your employer is entitled to reimbursement for your health insurance costs that it incurred for the period of time that you claimed FMLA coverage. You will have to return to work for 30 days (per DOL regulations) to avoid that liability.

How not returning to work would effect your STD benefits depends on the terms of your policy, but I have never heard of a policy where you have to repay your STD benefits if you don't return to work. You should check the terms of your policy if you want a definitive answer though.

Crystal Said:

Employer paid benefits....?

We Answered:

Under FMLA if you do not return to work at the end of your leave (12 weeks granted under FMLA) an employer can charge you reimbursement costs for premiums paid while you were out. Please re-read the FMLA paperwork that you were given at the time you went out on leave. Or visit the federal law concerning it.