Layed off/Maternity Leave

[amanda13]

Hello,

I was informed in February that my job is being outsourced and that my last day would be July 30th. However, I am currently 7 months pregnant and my due date is July 19th. HR informed me that they will pay me until July 30th, but my benefits will be terminated at that time. Is it legal for them to not pay me the six weeks of Short term disability that I should be entitled to because when I go out on leave I will still be considered a regular employee? I would think they have to pay me and provide benefits for the full 6 weeks of Short Term Disability Leave. Thank you.

 

[cbg]

This is not a matter of law; this is a matter of what your STD policy says. If that's what your policy says, there is nothing in the law that would say otherwise.

However, did your HR rep specifically state that your STD benefit payments would stop? It is quite unusual for STD benefits to be tied to employment - in 30 years of administering employer-sponsored benefits I have never seen and only once heard of a policy where that was the case. In general, as long as you are an employee on the first day you are disabled as defined by the policy, your benefits will continue regardless of your employment status until you either no longer qualify (are no longer disabled) or the maximum benefit set by the policy is reached.

I can well believe that your health insurance, vacation, 401k etc. will all stop and that you will no longer be eligible for any STD benefits for any future claims that may come up, but I suspect you will find that you will still continue to receive the STD payments for your maternity leave for as long as your condition qualifies.

If I am wrong, however, that is legal as long as it's what the policy states.