Soon to be unemployed :(

jwa620 · March 2011

My Dr. took me out of work in November and is keeping me out for the rest of the pregnancy (due in July). I was informed today that due to the amount of time I will be out my position will not be held past the end of this month and come May I will no longer be employed. HR threw so much information at me during our phone call that it was hard to process it all. I am very confused. I will either have to cancel the health insurance that I have through my employer or pay for it in full. We do have supplemental insurance so that should help. HR said something about this being a voluntary resignation so they don't actually have to fire me. But then I'm not sure if I can get unemployment. And it's not what I want so I don't know how it's voluntary. Just not really sure where to go from here. Thanks for letting me vent. Has anyone else lost their job while on bed rest?

alm0309 · March 2011

I am so sorry that this is happening to you! I can not imagine how stressful this must be for you. I am out of work, but since I work for such a small company they can be more flexible. This does not sound correct to me, I was under the impression that the only way you can lose your job while out on medical leave is if the position is eliminated. I could be completely wrong but I definitely think that it is something you should look into. I also think that the company will benefit more from a voluntary resignation than you will. Are they offering you some sort of severance package?

buggles · March 2011

alm0309:
I also think that the company will benefit more from a voluntary resignation than you will. Are they offering you some sort of severance package?

I wholeheartedly agree! I would strongly recommend not resigning... if you do then you won't collect unemployment (provided you qualify) and if you're worried about being hired again, be honest with the next job and tell them they fired you b/c you were out too long on bed-rest (nothing you're in control of).

This just sounds so wrong though. What about FMLA (family medical leave act)? Is that not present in the state you work in?

I would also post this one the 9 to 5 boards. There are many HR professionals as well as others on there who can give you great advice. Check with them first and ask around before making a final decision.

Keep us updated.

aschleser · March 2011

At my job, I am offered 12 weeks of Family Medical Leave Act a year where my job is guaranteed. My leave started Feb 3rd, and I won't come back until at least April 27th, at which point I'll go right back out on maternity leave.

If I end up going over this, I can receive "medical leave" without a guarantee that I'll have a job when I return. HOWEVER, my manager and I have already discussed my return after the baby is born, and he will be saving my job.

BUT - if we didn't have adequate staffing, etc., then he could at this point choose to relist my position, and I'd have to reapply after maternity leave.

This is in Virginia at a large university hospital, but I'm sure these rules are pretty universal.

buggles · March 2011

buggles:
alm0309:
I also think that the company will benefit more from a voluntary resignation than you will. Are they offering you some sort of severance package?
I wholeheartedly agree! I would strongly recommend not resigning... if you do then you won't collect unemployment (provided you qualify) and if you're worried about being hired again, be honest with the next job and tell them they fired you b/c you were out too long on bed-rest (nothing you're in control of).
This just sounds so wrong though. What about FMLA (family medical leave act)? Is that not present in the state you work in?
I would also post this one the 9 to 5 boards. There are many HR professionals as well as others on there who can give you great advice. Check with them first and ask around before making a final decision.
Keep us updated.

Come to think of it, it is not justifiable for your company to fire you because you're technically disabled. THAT IS WHY they are wanting you to resign (b/c they don't have good enough reason to fire you)! Don't do anything yet... get some input from others- like on the 9 to 5 boards.

jwa620 · March 2011

No severence package unfortunately. I was told that FMLA requires them to hold my position for 12 weeks and at that point I could go back to whatever comparable position might be available. But after 26 weeks they have the right to end my employment. They said the voluntary resignation thing was benefitial to me so that I would not have being fired on my record and I could reapply in the future if I wanted to. But I think you ladies are right about it being more for their benefit. And even if I did reapply they would probably come up with some reason not to hire me since we would be in the same situation if I get pregnant again. I'm just lost. I have no idea how these things work. Thank you for your responses

ShandaLea · March 2011

Something to consider is if you are wanting them to fire you so you can get unemployment you probably won't be able to get unemployment. To get unemployment you have to be able to work. So, in theory....they fire you, you file unemployment, when the employer gets the paperwork that you are requesting unemployment for being fired the employer is going to tell them that you refused to quit due to extended bed rest and health restrictions which will null and void your unemployment claim. If you have given your employer any paperwork from the Dr about the bedrest/unable to work situation they can legally provide copies to the unemployment office.

aprilsarahjune · March 2011

I'm so sorry you are going through this. Unfortunately, it does not like you are going to be with that employer any longer. As soon as you passed that 12 week point, there was nothing preventing them from letting you go. FMLA is federal, so it applies to you unless your employer is really small, but it is only good for 12 weeks. And while they cannot technically fire you for being pregnant (Title VII of the Civil Rights Act), they can definitely fire you for missing more than 12 weeks, even if you have a good medical reason. Also, FMLA only applies to you if you have worked at that employer for at least a year and have worked a requisite number of hours (that I don't remember off the top of my head) during that year.

The unemployment claim may be worth a shot, but as previous posts have said, you won't get it if (1) you resign (with a few small exceptions that don't apply to your situation) and/or (2) you are unable to work. Because you are unable to work, you probably don't have a claim.

As to your insurance concern, they are legally required to offer you COBRA under several circumstances. (And it sounds like they are complying with that legal requirement.) Basically, you would still be under the employer's plan but you pay the whole of the costs; anything that the employer was picking up (mine picks up $750 per month ... yowsa!), you have to pay. COBRA is not a practical solution for most people, but it can be cheaper than going out and getting independent insurance.

If you cannot get on someone else's insurance as a dependent, it may be time for you to start looking into government benefits. The standards for pregnant women are less strict than for others for getting on Medicaid.

Best wishes to you. The world of employment law is an overwhelming thing.

Bonjay · March 2011

Sorry to hear that you will soon be unemployed. I would not suggest resinging since it only helps the company. If they fire you , you have a better chance of getting unemployment. You may have a waiting period depending on what he company tell the unemployment office. I notice that several people have mentioned the FMLA but last time I looked at this the company only had to hold your position for 12 weeks.

jwa620 · March 2011

Thank you all so much for your support and advice. This whole thing just makes me feel more disappointed in my body and the fact that I can't just have a normal pregnancy.

aritziaa · March 2011

Wait a minute--- is that legal? I think you should check with your lawyer to ask about your rights. It's not like you wanted to have a complicated pregnancy. I'm so sorry this is happening to you:( I hope things work out.

festivus · March 2011

aritziaa:
Wait a minute--- is that legal? I think you should check with your lawyer to ask about your rights. It's not like you wanted to have a complicated pregnancy. I'm so sorry this is happening to you:( I hope things work out.

THIS!!! What your employer is doing does not sound legal to me. If you are not choosing to resign, there is no way this can be considered a voluntary resignation. But, a voluntary resignation is much better for the employer, as you would NOT be eligible for unemployment. DO NOT SIGN ANYTHING from your company. Talk to a lawyer. You may even want to ask your doctor..s/he may have had patients in a similar situation and be able to offer a little advice.

Good luck!

ilovenyc1023 · March 2011

Oh NO! I can't believe that is legal. I agree though that you should definately just be fired so you can collect unemployment. Any future employer will understand that completely and do you ever see yourself wanting to go back to a company that seems so..."insensitive"?

claar · March 2011

I am so sorry to hear this...and am possibly looking at a similar situation. Have you thought about going on disability? I'll be honest, I haven't explored the option, and don't even know if pregnancy is considered a disability under the law, but would be worth exploring...

realisticdreams · March 2011

It's completely legal.

Having been on bedrest for 2 pregnancies, I'm pretty well versed.

You have FMLA for 12 weeks total (if your company is big enough). This is 'job protection' for 12 weeks, where you are offered a similar job when you come back.

If you have short term disability this can continue (with my company for up to 6 months). However, once I'm over my 12 weeks, I don't have 'job protection.' I'm not 'fired' as long as i'm on an approved leave of absence. It's basically up to the employer if they are able to hold a spot for you or not.

It sucks.

pejay · March 2011

I am so sorry this is happening to you!! I work in HR in Texas. While each state has different laws here is a little advice to look in to--hope it helps you out

You are eligible for FMLA if you have worked for your company at least 1-year in a full-time capacity and have worked at least 1,250 hrs (if you are FT you have met this 2nd requirement). My suggestion to you is to file for FMLA. This will protect your job for 12-weeks. While FMLA is unpaid you should be able to exhaust any PTO or sick time you have saved up during FMLA (double check your companys policy). While covered under FMLA you will be responsible to pay for your insurance but not at the COBRA rate--at the rate you are currently paying. Since you will probably not be getting a paycheck you will have to pay out of pocket but at the lower rate of your premium now. Once the 12-weeks is up they are not legally required to hold your position. It sounds to me that at that point they will either fire you or consider you to abandon your job because you will obviously fail to return. At that point you will be offered COBRA and can then continue your insurance beneifts at the higher premium. Atleast if you file for FMLA you can exhaust all your PTO and sick time as well as maintain the lower insurance premiums for 12-weeks. This should help you to save some money by not paying the full COBRA premium beginning next month SOunds to me that your company is trying to get you to quit in an effort to not have to hold your position for 12-weeks. That is obviously more beneficial to them than you but FMLA is your right and my suggestion is to take it. Good luck and I hope everything works out

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LittleWu · April 2011

I'm a teacher. The first year in the district and on bed rest. Contract not being renewed.... so I guess after June, I'm paying for cobra. Which sux since my DH is freelance and has no insurance. and I'm only at 10 weeks and already on bed rest. So it's not like I can get another job to cover the cost of cobra. I keeping just thinking something will work out. Not like I can be pregnant, on bed rest and NOT have health care.... right? Just a little freaked out :-(

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