Wifes Employer wont let her work or sign up for short term disability

[Dralan552]

What is the name of your state (only U.S. law)? NC

Hello,

On the 25th of November my wife started having complications in an early pregnancy, she had me pick her up from work to take her to the hospital. Her employer told her that she couldnt come back unless she was cleared by an OBGYN... She had her appointment today and the OB gave her 3 weeks of bed rest.. My wife is an armed security officer and wears a pistol belt, the OB said that the pistol belt isnt the problem the walking around is... Her boss just informed her that she could not sign up for the short term disability because they only let employee's sign up for such things once a year during their "open season"... The companies last "Open Season" was October 2011... Any advice? and if you could quote actual laws so I can print them out...

She was our only income, I just got out of the military with a disability that prevents me from working and I am waiting on Social Security and VA disability

Thankyou very much for your help

Roy

 

[Antigone*]

What is the name of your state (only U.S. law)? NC

Hello,

On the 25th of November my wife started having complications in an early pregnancy, she had me pick her up from work to take her to the hospital. Her employer told her that she couldnt come back unless she was cleared by an OBGYN... She had her appointment today and the OB gave her 3 weeks of bed rest.. My wife is an armed security officer and wears a pistol belt, the OB said that the pistol belt isnt the problem the walking around is... Her boss just informed her that she could not sign up for the short term disability because they only let employee's sign up for such things once a year during their "open season"... The companies last "Open Season" was October 2011... Any advice? and if you could quote actual laws so I can print them out...

She was our only income, I just got out of the military with a disability that prevents me from working and I am waiting on Social Security and VA disability

Thankyou very much for your help

Roy

What her employer is saying is that if she did not previously sign-up for the employee sponsored program during open enrollment, then it is too late now. She can still take the time off, and file for short-term disability from the State. Her employer will not fund the defecit.

 

[Beth3]

Her boss just informed her that she could not sign up for the short term disability because they only let employee's sign up for such things once a year during their "open season"... The companies last "Open Season" was October 2011... Any advice?

I think you mean "open enrollment," not open season.

What your wife's employer is doing is completely legal. In fact to do otherwise, would violate the law because it would be contrary to the employer's group health Plan Document.

If your wife didn't take the company's short term disability plan when she first became eligible for participation in the company's group health plan, then her ONLY option to elect participation is during her employer's annual open enrollment period each October. There is nothing your wife can do about this. She can't just sign up for a benefit whenever she feels like it or belatedly realizes she should have done so when she had the chance.

I suggest she sign up for STD and any other benefits she may need that she hasn't enrolled in during October 2012.

 

[Dralan552]

thankyou for explaining this to me it makes more sense now

happy holidays

 

[cbg]

FYI there are only five states that provide STD benefits to employees. Antigone's state is one of them, which is why she suggested that. But NC is NOT one of them. There ARE no benefits with the state to sign up for.

 

[Captian Picard]

FYI there are only five states that provide STD benefits to employees. Antigone's state is one of them, which is why she suggested that. But NC is NOT one of them. There ARE no benefits with the state to sign up for.

The OP is outta luck as far as that goes. The states that give such benefits get this money through taxpayers -- who also complain about high taxes.

Its 3 weeks now, what happens after 3 weeks and the doctor extends it another 3 weeks, and another 3 weeks etc.

 

[commentator]

How about FMLA which will protect the job for 12 weeks and the insurance coverage? Are there enough employees, has she been there over a year?

Yes, there's a huge gaping hole in our net of protection for employees, in that if you become disabled to work, not through an on the job injury, you can be let go immediately if you do not meet FMLA guidelines. And there is, in most states, no short term disability that you can go on, and no unemployment benefits that you will be able to qualify for because you are not able to work.

One word of advice, if the company actually formally tells her she is terminated, she should at once, file the claim for unemployment benefits. This will set up the claim, based on some high quarters. Then later, after her baby comes, when she is released by her doctor she will have a claim already set up that she can start drawing. If she waits until then to actually file the claim, there may be some empty quarters and the amount she sets up for may be less.

 

[cbg]

Assuming that both she and the employer qualify for FMLA, that is certainly an option, but will not provide any income.In fact, it's more than an option; if FMLA qualifies, the employer HAS to implement FMLA protections, at least conditionally. However, FMLA is limited to 12 weeks.