Property Managment change

[mugensi93]

What is the name of your state (Washington)?

My Gf and I are expecting a baby in Jan. She has health benefits. 4 months ago her job notified her that there is going to be a management change in Jan. She has an option to stay with the original management company when the take over happens and will have to switch properties. The switch over happened 3 months early. Upon the management change my gf losses her benefits and goes to a lesser coverage. along with she losses her FLMA pay. Our medical bills jump up to $16000 out of pocket, and no pay for the 6-12 weeks maturity leave. The previous company does not have a position for her so she has no choice but to do the change over. What are her options? She has to make a decision tomorrow. sorry for short notice but she just got her offer today.

 

[swalsh411]

What is your legal question?

 

[commentator]

So if she does not accept the new position with the new company, she is officially out of a job, right? She would, in this circumstance be able to sign up for unemployment benefits, if she has the monetary eligibility, has been working for a covered employer for the past 18 months.

Since she is quite pregnant, she would also need to be very careful not to disqualify herself by saying she is not able and available and actively seeking other work. She can and would be required to look for jobs right up untill her delivery date.

Whether she'd be able to receive benefits, regarding the position she is being offered at the new job there would have to have a decision made by the unemployment system as to whether it would be considered an equivalent position, since the benefits are less and the job site will change. In any case, it would be a circumstance that she is being let go from one job through no fault of her own (which usually qualifies one for unemployment) and then she is being offered a position with another company (which is related to her availability for work, not her initial eligibility for benefits) People cannot be transferred from company to company like office furniture without their consent and agreement.

Some others here can help with whether COBRA would be an option in this case, when her job with the first management company is ending and with it her insurance coverage. I don't know how the situation would be affected if she's accepting another job with a company that "has lesser benefits and she would have to switch her coverage...would she be eligible immediately for the new company's coverage, however limited it might be?

Of course she does have the option to accept the new job (which is, after all, a job similar to what she has had, and will pay considerably more than unemployment benefits if approved) and brace up and pay for her maternity costs out of pocket. How will the fact that she is going to be off affect her in the new company, since she has not been there long enough to qualify for FMLA? Would they by any chance feel led to discharge her when she has to be off to have the baby? It's definitely something she needs to discuss with the new employer before accepting any new position.

 

[ESteele]

What do you mean she lost “her FLMA pay”?

 

[Beth3]

The previous company does not have a position for her so she has no choice but to do the change over. What are her options?

Her options seem pretty straightforward. She either accepts the job being offered with the pay and benefits that come with the job or she declines and is out of a job entirely. BTW, she won't be eligible to receive unemployment benefits if she turns down the job.

 

[commentator]

That's not a sure thing at all. Because as I said, there has to be a lay off from the one company and the rehire by the other company. A decision would have to be be made if the job is "equivalent." No health care benefits, a different location site which may be further from her home, it all depends on the situation. So getting approved for unemployment is a toss up. If I decided not to take the other job, I'd certainly file.

Since she has not worked for this new company for a year, long enough to qualify for FMLA, she will not get to take it, is that what you mean by lost her FMLA pay?

 

[ecmst12]

FMLA leave is by definition UNPAID.

If she loses her insurance coverage, she will almost surely be able to elect COBRA coverage, which she definitely should.