Company took away my maternity leave

[changdulla]

I AM WRITING ON BEHALF OF MY FIANCE. SHE WORKS AS A MANAGER FOR A JEWELRY STORE THAT HAS SEVERAL LOCATION NATIONWIDE. ABOUT SEVEN MONTHS WE BEGAN PLANNING TO HAVE A BABY & SHE CONTACTED HER HUMAN RESOURCES DEPT. TO FIND OUT WHAT KIND OF MATERNITY LEAVE THEY OFFERED. THEY SAID THAT BECAUSE OF HISTORY WITH THE COMPANY THAT SHE QUALIFIED FOR 6 WEEKS PAID MATERNITY LEAVE. MY FIANCE IS 6 1/2 MONTHS PREGNANT AND SHE WAS JUST TOLD LAST WEEK. THAT HER COMPANY IS NO LONGER GOING TO OFFER MATERNITY LEAVE. THEY SAID THEY ARE REPLACING THE MATERNITY LEAVE WITH A TEMPORARY DISABILITY INSURANCE. BUT BECAUSE SHE IS ALREADY PREGNANT SHE WON'T BE COVERED SINCE IT IS A PREEXISTING CONDITION.

SO IM WRITING TO SEE IF IT IS LEGAL FOR HER COMPANY TO CHANGE THERE POLICY IN THE MIDDLE OF MY FIANCE'S PREGNANCY AND TELL HER SHE DOSN'T QUALIFY FOR ANY MATERNITY LEAVE NOW.

Any info would be greatly appreciated

 

[cbg]

There is nothing in the law that prohibits the employer from changing their policies in the middle of her pregnancy. I seriously doubt that they went to the trouble and expense of making the change solely to prevent her from collecting benefits.

They are not taking away her leave; they are taking away PAID leave. That's a whole different thing. She can still take unpaid leave.

What state are you in? There are five states that either mandate disability benefits or where benefits are provided by the state.

 

[changdulla]

She works in Massachusetts.

I wasn't trying to say they made this change because of her. I guess what I meant was that they said because of her history with the company she would get 6 weeks paid. As if she had accrued this as a benefit. I really don't know what she is entitled entitled to. That's why I'm looking for advise.

thanks

 

[cbg]

I'm in MA as well. It is not illegal for them to change the policy, even if it results in her losing a benefit she would otherwise qualify for, unless she has a bona fide contract that guarantees it.

All they are required to offer her under MA law is 8 weeks of unpaid leave. She has no guarantee of paid leave or disability benefits.

Speaking personally, I believe the day will come when that will change and MA will require disability benefits or paid maternity leave. But it's not going to happen in time for her. Sorry.