Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

I just met with our HR director today to disucss when I leave to have my baby next month. Long story short, when I first informed them I was pregnant back in September, I (as was my manager) was lead to believe that in spite of the fact that I don't qualify for FMLA, my health benefits would continue for the short term disability timeframe. They then told me that we didn't need to meet until January to discuss it in detail.

Today I find out that's not true, and my health benefits will end very close to my due date, depending on how long I work until, and if I choose to use my vacation time to extend my employment. In case anyone doesn't know, if you don't qualify for FMLA, your job is not held for you during a period of short term disability, meaning your employment ends when you leave to have your baby.

My husband and I are both on my insurance, as my company pays for it fully. Had we known that the timeframe would be so close to the due date, we would have joined his in November during open enrollment, so that we don't have to deal with the headache of making sure the hospital has the right insurance info, everything is cleared up ahead of time, etc.

My inclination is to make my last day of employment the end of January, so that my health benefits end this month and we can get on DH's Feb. 1 as a "life change". (He's been on the phone with them today and they assured him this is possible and won't be a problem.)

Let's say I give notice and tell them my last day is 1/31, and do the right thing and tell them that I'm not coming back, so if they can find someone in the meantime to replace me, I'll train them. Once I've given notice, can they fire me, lay me off, downsize me? I want to understand what the options for me and them are before I make any decisions.

TIA. Cathy

Re: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

I'm not in HR but I believe that once you give your notice a company is allowed to terminate your employment immediately if they so choose. Basically 2 weeks notice is a courtesy that employees give in order to train a new employee. If your company does not want you to hang around I think they can tell you no thanks and part ways.

But I could be wrong on this.

Re: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

How many employees does your company have? If they have over 50 they have to provide FMLA leave.

I deal in benefits and am pretty well versed it this stuff. I would not give notice 2 weeks before if you think there is a chance they will let you go. Just tell them on the day you are leaving that today is your last day.

As it seems like they are being real arse's to you don't give them the benefit of two weeks or to train someone.

Re: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

I am in HR so I think I can help you here.....
Have your husband check with his company but you can usually get onto his benefits for a couple of different "life events" - two of them being the birth of your child or the loss of your coverage from your employer due to the loss of your job. So you may have some options there for making the switch!

FMLA only covers for over 50 employees AND if you worked with the company for the prior 12 months and if you worked at least 1250 hours in that prior year. Hope that helps - good luck.

Sounds like your company is really conservative in terminating your employment and then they have the option of taking you back or not. I would still leave them under the impression that you are not leaving - they are not giving you anything so you don't owe them anything.....

Re: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

Short term disability is not the same thing as the FMLA though. Call NY State. Can a company fire you for being out for 6-8 weeks of maternity leave? I don't think that is legal.
You can also purchase COBRA if you need to so to extend your benefits.
Are you quiting your job? I mean, not returning to work? So I am surprised that they are just terminiating your job like this.
I would make sure that YOUR OB is on DH's insurance policy...that could cause you a lot of issues if they are not.

I hope this all works out!!!!!!

Re: Is anyone in HR or an HR lawyer? I need help... (VERY LONG)

My doctors and the baby's are on DH's insurance. I don't plan on returning to work, I was just stunned that they waited this long to tell me that I wouldn't be an employee while out on short term disability. I gave them the courtesy of telling them I was pregnant back in September, and have met with HR on the usual personal management issues in the meantime. I don't understand why they couldn't mention that I might want to think about getting on DH's insurance during open enrollment in November.

And the weirdest part is that they want me to come back. They are going to hold my job open for me for 12 weeks even though they don't have to. Why would I ever want to return somewhere that treats their employees so poorly? It makes no sense to me.

DH's company is being really good, and working with us to expedite the process where they can, which makes me feel a lot better. I was in a HUGE panic last night. Plus the usual pregnancy hormones - not a good mix.

Thanks to everyone for the advice. It's nice to know I have somewhere to turn when I'm feeling totally overwhelmed.