Trouble with short tern disability

Mommy2b

I'm 32 weeks pregnant now but when I was 24 weeks along I provided a doctors note to my employer with simple accommodations. I work retail and was a visual manager so the heavy lifting and being on feet all day was a lot. Well my employer could not meet my accommodations so I was told I would have to go on short term disability. That was October 2. My claim was denied and I now am trying to appeal. I haven't had any money since end of September and have since gone on a stronger anxiety medication due to all the stress.
Has anyone gone through this before? I'm just so devastated and to have no money right around the holidays and before the baby is born is a nightmare.

taysun

Have you talked to HR? If you haven't they may be able to help.

paytonpedro

I don't wanna be that person, and I'm not sure how it works, but have you thought about seeing a lawyer? I have an open workers comp case and I don't know how any of that stuff works so I contacted a lawyer and it took a lot of stress off my back. Also, if you do end up winning the appeal, you will most likely receive back pay (I would assume). Good luck! I know how annoying the waiting can be.

Mommy2b

Thank you ladies. I've had a conversation with my HR several times over the past two months but they said they are separate from the insurance company. I don't wish this on anyone.

nickilynn0516

I would get a lawyer. They helped alot with my husbands workman's comp claim.

mcklough

Mommy2b said:

Thank you ladies. I've had a conversation with my HR several times over the past two months but they said they are separate from the insurance company. I don't wish this on anyone.

I do benefits administration for my company so I know a bit about this, but I'm not a HR professional so I don't know exactly- what did the insurance company tell you? My guess is they are denying it because your employer refused the accommodations, but that your doctor hasn't indicated that you need to be out of work so that is where the issue lies. I do think that you need to go back to your HR rep with what the insurance company says so that they understand the situation. Pregnancy is legally protected so they should have an interest in making sure that you are getting taken care of, especially because they denied your drs request for accommodation.

I would also contact a labor attorney if your HR department isn't helping you.

delujm0

mcklough said:

Mommy2b said:

Thank you ladies. I've had a conversation with my HR several times over the past two months but they said they are separate from the insurance company. I don't wish this on anyone.

I do benefits administration for my company so I know a bit about this, but I'm not a HR professional so I don't know exactly- what did the insurance company tell you? My guess is they are denying it because your employer refused the accommodations, but that your doctor hasn't indicated that you need to be out of work so that is where the issue lies. I do think that you need to go back to your HR rep with what the insurance company says so that they understand the situation. Pregnancy is legally protected so they should have an interest in making sure that you are getting taken care of, especially because they denied your drs request for accommodation.

I would also contact a labor attorney if your HR department isn't helping you.

This.  Insurance isn't going to cover short term disability unless you have a short term disability.  That has to be determined by a medical professional.  "not being able to lift things" isn't a disability, and if your employer won't agree to the accomodation, i'd suggest seeing HR or a lawyer.  Sometimes a lawyer spending an hour or so writing a letter to HR threatening action is enough to get the situation resolved.  I worked in retail previously and i participated in setting the floor - in exactly zero situations was the visual manager there by herself doing floor changes.  She was either setting the floor at night after closing with a group of other employees (who could easily assist her with lifting) or she was doing a small change during the day while the store was open, and there were other employees there that could easily take two minutes away from their assigned task to move a box for her if she needed it.  it sounds like this should be an easy accomodation and your employer isn't having it.  Legal action may be your only option.  I'd also recommend finding a new job after your maternity leave, because i wouldn't want to work at a place that values their employees so little that they won't make reasonable accomodations for them while they are pregnant.

nik6499

It also depends on whether or not you are with an at will employer. If you did not file fmla and you merely brought them a letter saying you couldn't meet your job requirements due to your pregnancy and not a work related injury depending on the terms of your employment they may not be required to accommodate you

djdawn29a

I had the same issue..but my hr lady went to her supervisor and that person made a call and it was put through right away.