Forced maternity leave and health care

[ztkm1]

What is the name of your state? Tennessee.

My girlfriend has been working with people with developmental disabilities for three years now (and had health coverage for the past two and a half years). She is now pregnant, and has been asked to lift heavy clients (her doctor recomends not lifting over 25Lbs, the client she has been written up for not lifting is about 180Lbs). What's worse is that there were other staff who volunteered to do her share of the lifting, and she was written up for accepting the offer. The job requirements are intentionally worded so that heavy lifting is a requirement for every hourse and client in the organization, even though only one client requires it (and she lives in a three person house, assisted by two other staff). Also, another staff member has been allowed to continue working after breaking an arm in a non-work related injury. The other staff with the borken arm was allowed to do "light duty" in the office. So, when my girlfriend was told that she would either have to lift 180LB clients, or bring in a doctor's note, she brought the doctor's note. They responded by forcing her into medical leave. My first question is this:

1. Can an employer push an emplyee into medical leave, if the employer has other options, but does not wish to excercise those options?

The second, and perhaps most significant, half of the story is this. They are going to give her the sick time she has saved up (two months because she never calls-in sick), and then "consider" letting her keep her health insurance. Under the FMLA, they are required to give her 12 weeks, but she has five months before the baby is due. Here are my next few questions:

2. If an employer forces a pregnant employee into maternity leave over three months before the employee's due date, can they use the extended leave as an excuse to either deprive the employee of health insurance, or fire the employee?
3. If an employee has a standard practice of allowing employees to keep their health insurance for 18 months after leaving (even for employees who are fired), then is it discrimination for the employee to deprive an employee of health insurance after three months of maternity leave?What is the name of your state?

Is there a case here? I am willing to lose a little money (if the court and lawyer fees are higher than the insurance I would be suing for), just to ensure that the company complies with the law (since they can't comply with their conscience).

 

[cbg]

Pregnancy is not considered a disabilty under the ADA; they have no legal obligation to provide any accomodations for it. In fact, the Pregnancy Discrimination Act states that she has to be treated exactly the same as if she were not pregnant. If everyone else is required to lift patients, so is she. She can't be discriminated against, but she gets no special privileges.

Outside of FMLA, a doctor's note has no force in law.

Regardless of how many other people are around to do the lifting for her, she can be required to accomplish all of the same duties required of everyone else in her position. If she is unable to do so, there is nothing illegal about requiring her to take leave.

FMLA provides her with 12 weeks of leave. They have no legal obligation to keep her employed or to provide her with health insurance once the 12 weeks have expired.

Federal law requires that an employee be allowed to remain on the insurance AT THEIR OWN EXPENSE for up to 18 months after their employment is terminated. She would have that same right. However, I very much doubt that the employer is providing free insurance to anyone a year and a half after termination.

 

[xylene]

everything cbg says sounds quite accurate.

I would like to add that solo lifting a 180 lbs patient does not seem like standard (or safe) procedure to me.

Sound dangerous for the patient and the caregiver, and it sounds like a huge potential liability.

I have no doubt that these patients are laking in advocacy that would have either multiple caregivers properly distributing the weight, and / or a mechanical lifting device.

I don't think it is asking to much to have the same level of care employed as would be used to handle a package over 70lbs at UPS.

 

[ztkm1]

Federal law requires that an employee be allowed to remain on the insurance AT THEIR OWN EXPENSE for up to 18 months after their employment is terminated. She would have that same right. However, I very much doubt that the employer is providing free insurance to anyone a year and a half after termination.

When you say "AT THEIR OWN EXPENSE", I'd like to clarify that.

Let's say, that the employer pays 100 dollars per employee, for the plan, and each employee must pay 100 dollars per month. Do you mean:

a: that the employee (or former employee) must continue to pay 100 dollars per month (should she wish to keep the insurance)

or do you mean:

b: that the employee would have to pay 200 dollars per month, because she has to cover the expense that normally would have been covered by the employer?

Also, thank you for your response. I am happy to know that the employer cannot simply take someone's health insurance away, once they find out the employee is pregnant.

 

[xylene]

When you say "AT THEIR OWN EXPENSE", I'd like to clarify that.

Let's say, that the employer pays 100 dollars per employee, for the plan, and each employee must pay 100 dollars per month. Do you mean:

a: that the employee (or former employee) must continue to pay 100 dollars per month (should she wish to keep the insurance)

or do you mean:

b: that the employee would have to pay 200 dollars per month, because she has to cover the expense that normally would have been covered by the employer?

Also, thank you for your response. I am happy to know that the employer cannot simply take someone's health insurance away, once they find out the employee is pregnant.

The answer is B.

 

[cbg]

If the insurance carrier charges the employer $200, then in order to keep the insurance after termination the employee could be required to pay up to $204. The employer is permitted by law to charge a 2% administration fee.

The employer cannot simply take the insurance away no matter what the medical condition UNLESS FMLA is exhausted. Regardless of the employment status (termination, unpaid leave, whatever) once FMLA is exhausted the employer has no further obligation to provide health insurance. However, the right to COBRA (which is the acronym for the law which allows the employee to stay on the insurance by paying for it themselves) covers the employees when they lose insurance for ANY reason except gross misconduct.