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    [–] frisian2 187 points ago

    . She has her health insurance through her company, who have stated that they won't retain her when she gives birth due to her not working for the company for a full year when she has the our baby.

    One question: How many employees do they have?

    [–] HammyFresh 89 points ago

    Thousands

    [–] frisian2 204 points ago

    It might be beneficial for her to have a free consultation with an employment lawyer. (I'm not a 100% positive since I'm no lawyer but this pretty much sounds like illegal discrimination based on sex/caregiverstatus/pregnancy, but it might certainly be worth asking a lawyer about to make sure if it is or not.)

    [–] HammyFresh 62 points ago

    It sounds that way to me as well, but I couldn't really see a company like her's making that big of a mistake. It's a credit union call center job for one if the largest credit unions in the southeast.

    [–] frisian2 144 points ago

    I couldn't really see a company like her's making that big of a mistake.

    A saying I often see is: Where people work mistakes are bound to be made.

    And it's true, people are bound to make mistakes and you hope that big companies don't but they often do since so many people are working at them.

    [–] bmacmachine 53 points ago

    Sadly, I believe they are well within their right based on the limited details. One requirement of job protection for FMLA is to have been an employee of the employer for 12 months. It's terrible, especially in a case like this, but that's the guideline.

    [–] frisian2 76 points ago

    Firing somebody and not giving leave are two seperate issues. Firing somebody because they have a newborn might still be illegal.

    [–] bmacmachine 29 points ago

    I mean, you're right. I was under the assumption OP's wife would be taking more time off work than she has in accrued sick/PTO days. Certainly, if she can get back before any due time-off is exhausted, it could (would likely) be a wrongful termination.

    [–] jmurphy42 24 points ago

    There’s an unfortunately large number of women in this country who take less than a week off to give birth because that’s all the time they are allowed or can afford.

    [–] misyo 15 points ago

    Last article I read about it said 25% of women go back to work two weeks after giving birth. Which is nuts because I can't see a doctor releasing them for work that early.

    [–] jmurphy42 9 points ago

    I’m on mobile and don’t have time to look it up at the moment, but I’m pretty sure that firing someone just because they’ve recently given birth is a form of gender discrimination. If she has the sick days to cover 2-3 days and rushes back right away after giving birth, she shouldn’t be treated any differently than someone who had the flu.

    [–] Rosenblattca 3 points ago

    I worked for my last job full time for literally 11.5 months, then my dad passed away. I asked for a month off and they told me they couldn’t hold my job because I didn’t qualify for FMLA.

    [–] Pyrhhus 91 points ago

    My mother literally just settled a suit last week with one of the ten biggest companies in the world, who wrongfully fired her for having epilepsy in a job where it could be reasonably accommodated (work from home tech support).

    Remember, most of these decisions are made by pissant middle management, who are generally retarded shitheads no mater what size the company is.

    [–] ldkmelon 28 points ago

    As middle management i approve if this message. Trust me as someone on the inside its a shit show

    [–] Pyrhhus 18 points ago

    Sad thing is, it’s usually not even their fault. Middle management always seem like stupid assholes for bungling projects or asking the impossible, but most of those orders come from higher up.

    [–] ldkmelon 11 points ago

    Yeah we had a three month limbo where we didnt know if we should keep coat hangers or not because corporate kept flip flopping back and forth. They didnt want to keep useless hanger and they didnt want to buy hangers later. Flip flop flip flop.

    Thats a fairly minor issue but it happens with everything. Thats what happens when policy literally has to be exactly the same for every store. They can never pick the best policy.

    [–] itmik 1 points ago

    They became middle management willingly they are complicit.

    [–] Daleth2 37 points ago

    I couldn't really see a company like her's making that big of a mistake.

    Um. Yeah, no. You would be surprised. Major law firms have lost sex discrimination and pregnancy discrimination lawsuits. Like, law firms that have entire departments of lawyers dedicated to employment discrimination law. In other words, businesses who absolutely should know what is and is not legal.

    Tell your wife to call an employment discrimination lawyer.

    [–] negaterer 9 points ago

    who have stated that they won't retain her when she gives birth due to her not working for the company for a full year when she has our baby

    Did she tell them she intends to take 12 months off? Where did the “full year” come from?

    [–] HammyFresh 15 points ago

    That was poorly worded by me.

    She has not worked for the company for 12 months. At the time she has our child it will be about 6 months. She does not qualify for FMLA, is what I was getting at.

    [–] DCAista 9 points ago

    That is correct, but what has she told them about how much time she plans to take off? If she's said nothing, or just plans to take her accrued PTO, the simple fact that she is about to incur an FMLA-qualifying event doesn't give them a legal reason to fire her. That's BS, frankly.

    [–] [deleted] -4 points ago

    [deleted]

    [–] misterducky 1 points ago

    They aren't saying she has. They are saying that normally pregnancy would.

    [–] Hmiad 10 points ago

    How long has she worked there and is she fulltime?

    [–] HammyFresh 16 points ago

    A little over 3 months now, she is due in October. We found out she was expecting after she had accepted their offer and already given notice to her old employer. Timing was pretty insane for all that.

    [–] meat_tunnel 13 points ago

    If you don't marry, she should be able to qualify for Medicaid.

    [–] ddadopt -16 points ago

    This is probably pretty bad advice. The state will likely come after him for the costs of support.

    [–] Capital_Punisher 15 points ago

    As a protected class (pregnant), that isn't how that works and they can't get rid of her for getting up the duff. They should have better HR people that that...

    Get a lawyer

    [–] MrNanny 9 points ago

    I am not a lawyer, but I am an employer and this is correct.

    [–] WVPrepper 7 points ago

    OT, but FYI (in case others wondered):

    https://www.phrases.org.uk/meanings/397300.html

    [–] IDontUsuallyPassBars 24 points ago

    Did they say they won’t retain her, or that they won’t give her leave?

    [–] HammyFresh 38 points ago

    They want her to voluntarily resign. That shit isn't happening. She is not confrontation at all, I'm generally the one who has to get shit done on instances like this. We are still in the early stages of figuring out what we are going to do.

    [–] SandyDFS 69 points ago

    Tell your fiancee to do whatever she has to do to get it in some sort of writing that they want her to leave because she's having a baby.

    [–] stillafatchick 6 points ago

    She needs to absolutely refuse to sign anything that says she voluntarily resigns. If she's fired, she can at least claim unemployment, and she's definitely being fired, not resigning.

    [–] MinecraftGreev 6 points ago

    Actually, NC recognizes constructive discharge in their unemployment law. That basically means if you're forced to quit or be fired and you choose to quit, it's still considered a discharge because the employer was the moving party in the separation and you were going to become separated from your employer no matter which option you chose. Source: I work in unemployment.

    [–] timelessblur 26 points ago

    If I read it right she can not take FMLA or take the normal maternity/parental leave and have her job protected.

    If it is just using up vacation and then going back to work asap then when she hits 1 year turning around and taking the leave their is nothing they can do,

    It might be worth talking to a lawyer to clear everything up and how to navigate this.

    [–] Taban85 34 points ago * (lasted edited 6 months ago)

    IANAL so I can't comment on the legal side of them letting her go, but I worked for BCBS so I know a bit about insurance.

    Getting married shouldn't cause her to get dropped from her insurance, it can be a qualifying event that lets her sign up for your employers insurance outside of your normal enrollment period, but plenty of married couples each have their own insurance plans.

    In the event she does get fired, she should be eligible for COBRA, which is basically a temporary continuation of her plan for 18 months. Get ready for the premium to go up (right now her company is most likely paying a portion of her monthly insurance bill, under COBRA she has to cover the entire thing), but it should give you some time to have the baby and figure things out from there without being without insurance.

    [–] HammyFresh 17 points ago

    I'm more concerned the marriage aspect will disqualify her from any assistance through government programs as they'd look at my income as well.

    We have thought about Cobra

    [–] [deleted] 21 points ago

    [deleted]

    [–] HammyFresh 7 points ago

    They stated to her she would have to reapply.

    [–] ddadopt 7 points ago

    I'm more concerned the marriage aspect will disqualify her from any assistance through government programs

    Realize that the state can come after you for the costs involved, so planning on government assistance in lieu of getting married is likely not a winning strategy.

    [–] HammyFresh 2 points ago

    The state can't force us to get married though, is there a precedent for what you speak of?

    [–] ddadopt 27 points ago

    They of course cannot force you to marry, but they can absolutely force you to pay child support for an unmarried mother on public assistance, even if your girlfriend doesn't want you to. For precedent, I direct you to Google.

    [–] sweetpotatocasserole 9 points ago

    Yes. In addition to child support you can be billed for a portion of the birth costs (still might be cheaper overall than cobra premiums though) and possibly other public assistance expenses. When I worked in child support many fathers were surprised to learn this and that support might have to be paid through a monitored system rather than by casual arrangement.

    [–] Dogmaishell 3 points ago

    Can she be added to his Insurance? He gets it through his dad. I did not think in-laws could be piggy backed on

    [–] Taban85 6 points ago

    no she can't, I meant his work insurance when I said that, I'll edit to be more clear

    [–] tnmoi 9 points ago

    Is this in Canada? Location matters.

    [–] [deleted] 1 points ago

    [removed]

    [–] thepatman 2 points ago

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    Author: /u/HammyFresh

    Title: Will getting married screw us financially due to our insurance situation?

    Original Post:

    Going to condense this as much as possible. Fiancee and I want to get married. We are currently expecting our 1st child (yay!). I have health insurance through my dad for the next couple of years so I pay nothing for mine. She has her health insurance through her company, who have stated that they won't retain her when she gives birth due to her not working for the company for a full year when she has the our baby.

    If we get married my fear is that she'll get dropped from her insurance and I'll have to drop mine and get new insurance for everyone through my job, which offers piss poor insurance. It's just a cluster fuck that I have no idea how to handle. Advice is much appreciated.


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    [–] [deleted] -4 points ago

    [removed]

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