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Update - Maternity leave may cost me my full-time benefits - is this legal?

Sep5BrideSep5Bride member
edited November 2013 in Working Moms

Hi ladies,

I took the full 12 weeks as allowed by FMLA for my maternity leave at the beginning of the year. Now my employer is saying I owe more for my health insurance because my hours are averaging out to part-time instead of full-time. They are including the 12 weeks I did not work in this calculation, which doesn't seem fair to me. Does anybody have experience with this? I'm wondering if it's even legal. It's possible (though unlikely) that they have mistakenly overlooked the fact that I was on leave, but I want to have an idea what I'm talking about before I bring it up on Monday.

Thank you in advance!

 

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Re: Update - Maternity leave may cost me my full-time benefits - is this legal?

  • ss+elss+el member
    How many hours per week have you worked the rest of the year? I don't know if it's legal, but it sounds shady to spring it on you at the end of the year. My leave was all paid (part STD part vacation) so my average hours held, but even if they hadn't, my employer uses the 52wk average.
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  • daisy662daisy662 member
    Were your 12 weeks fmla unpaid? If so, is it because you didn't pay the premium during your time off so now you owe what would have come out of your paycheck?
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  • financialdivafinancialdiva member
    I think this might be something that is a company by company basis? Sounds like your company contributes less on premiums for part time employees then they do for full time employees. And since you weren't working for 12 weeks, I am guessing your hours worked do not equal full time. Unless you put in overtime?

    Are you exempt or non-exempt? Maybe if you are exempt this part time status doesn't pertain to you?

    However, I still think its a really shitty thing to do. Good luck with your meeting.
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  • glawglaw member
    I had some paid leave and then an additional 12 weeks unpaid under FMLA. During that time, I did not accrue any vacation or sick days. In addition, while my insurance coverage continued (and I did not pay out of pocket) I had been told and signed papers that I would have the amount that both I contributed and my employer paid towards my insurance taken out of my paycheck upon my return until all premiums were paid back. So basically I had ZERO benefits during my unpaid FMLA leave. But I fully knew this going in.
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  • Nechie122Nechie122 member
    edited November 2013
    Hopefully one of the attorneys can chime in. My understanding is that they just have to hold a position for you, but there's no protection for benefits. For instance, at many (most?) companies you stop accruing PTO, so it would appear that they don't have to count your leave toward hours worked -- after all, you're not working.

    So I don't know how much recourse you'll have, but it is pretty shitty. It's also weird that they would do this retroactively for the year ... I would find out how they calculate hours worked in determining benefits and make sure things "reset" come Jan. 1 so you're once again eligible for full-time benefit contribution.
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  • Nechie122Nechie122 member
    edited November 2013
    Actually, ignore what I said above. Your employer IS required to maintain health benefits for FMLA employees as if they were still working normal hours.

    Here, print this and take it to your meeting: https://www.dol.gov/whd/regs/compliance/1421.htm

    Maybe there's a loophole I'm not aware of but challenge them on it.
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  • Maybride2Maybride2 member
    Were you paying your premiums for health insurance? If you were, they can't take it away now.
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  • Sep5BrideSep5Bride member
    Thanks so much for your help, ladies! You've been very helpful. I'll see what they say tomorrow. 

     

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  • tracyann789tracyann789 member
    how many weeks total did you take?  (you said you had some paid leave, and then the 12 weeks FMLA)  at my work, your paid leave counts towards your FMLA leave- could that be part of the issue?
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  • Sep5BrideSep5Bride member
    Thanks so much for all your help, ladies! I talked with management yesterday, and they apparently forgot I was on maternity leave earlier this year. They were very apologetic and embarrassed. Not sure if they truly forgot (it's a small company, they definitely know me and how old my daughter is), or just realized this wasn't an issue they wanted to push, but either way I should be fine for benefits this year.

     

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  • jennyelfjennyelf member
    Glad to hear it! It might have been automated and no one looked to see why your hours were less than they should have been this year.
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