Short term disability

samanthalsher

I have read that NY is one of a handful of state which require employers to provide some kind of access to Short Term Disability. I have just discovered that my employer's benefits manager (Flexplan) does not provide any. They are based in CA and only provide Long Term Disability (good after 60-90 days). Although my partner and I have decided to save for my maternity leave on a weekly basis anyway, it seems like this is a violation of state law. Has anyone in NY or another state which mandates this kind of protection, have experience filing the appropriate complaints with the right authorities? If so, what was your experience?

GirlWithTheMostCake

I would ask HR first - before filing a complaint. If I had to guess, there's likely a reason. Perhaps providing long term means they don't have to provide short term? Whatever it is, I'd ask HR first and just make sure before filing a complaint. It's unfortunate, but true that you can easily find yourself unemployed for another faux reason if you cause trouble for them. Though it's illegal to fire someone for that reason, it happens all the time and they will come up with another excuse. Good luck.

samanthalsher

Of course I am meeting with HR first, but I have already contacted my insurance provider and seen the documentation.  My policy would not kick in until after 60 days. There are no short term disability policies provided.  This is in direct conflict with NY state which say disability insurance must kick in after one week for up to 26 weeks.  https://www.wcb.state.ny.us/content/main/offthejob/IntroToLaw_DB.jsp

 My company outsources its benefits to a group in CA who did not provide any answers to my questions either...which is unsual.  Usually I receive an answer within 24 to 48 hours after I submit them. All I asked them is "How do you comply with NY state law if you do not provide a short term disability option?"

 My hunch is someone is scrambling.  You are right. It would be illegal if someone retaliated against me for questioning this issues, especially since I am pregnant and discrimination based on pregnancy status is illegal as well. 

GirlWithTheMostCake

samanthalsher:

Of course I am meeting with HR first, but I have already contacted my insurance provider and seen the documentation.  My policy would not kick in until after 60 days. There are no short term disability policies provided.  This is in direct conflict with NY state which say disability insurance must kick in after one week for up to 26 weeks.  https://www.wcb.state.ny.us/content/main/offthejob/IntroToLaw_DB.jsp

 My company outsources its benefits to a group in CA who did not provide any answers to my questions either...which is unsual.  Usually I receive an answer within 24 to 48 hours after I submit them. All I asked them is "How do you comply with NY state law if you do not provide a short term disability option?"

 My hunch is someone is scrambling.  You are right. It would be illegal if someone retaliated against me for questioning this issues, especially since I am pregnant and discrimination based on pregnancy status is illegal as well. 

gotcha - just making sure you looked into it first, which clearly you're on top of. unfortunately, retaliation happens all the time in the work place and even more terrible is the fact that its virtually impossible to prove. good look and definitely let us know how it goes.