Temp-to-Perms and Pregnancy

[jadegrniiz]

Some of you might have already read on the Interesting Things thread over in Cafe Admin. I found out on Jan 30th that we're pregnant (which was Day 2 of new job). I'm gonna do my best to describe my predicament, and I hope y'all can add some input.



I know it is only proper to speak up to bossie when you begin the 2nd trimester. This seems great to me because by then I'll be perm, I'll get my insurance, and so on. I fear telling them while I am still a temp will for sure make them think twice about hiring me.



This company hired me with this broken ankle, knowing I could only work 6 hr days for the first few weeks until the cast came off. I'm in a Temp-to-Perm position, and my Temp status ends on Feb 27th. Am I obligated in any way to tell them I'm expecting before I go Perm?



The catch is this... the job isn't all that great. Frankly, it is rather boring and I find myself digging for things to do for 4 hours out of 6 every day. Chances are, after baby is born, I'm not gonna go back there (if I even go back to work at all).  



What do you guys think?

[sungoddesslv]

Just a question.  Would this not be considered a pre-existing illness?  I'm sure that Andrea will provide a response from the HR side and be able to answer the above question.



 

[andrea843]

The goddess is right Jadegreeneyed one.  Your pregnancy, under MOST group polcies will be considered a pre exisiting condition, and therefore excluded from coverage.



There are a few and they are VERY Few companies that carry a policy without a preexisting clause, but they're giants as a rule well able to absorb the extra dollars this particular benefit costs them.



Additionally, a Temp to Perm position does not constitute a legal job offer  until you're presented with an actual job offer, thus, the employer unfortunately can refuse to bring you aboard on a permanent status without giving a reason.



Therefore, you have little protection under the acts designed to cover discrimination against pregnant workers.



Since you've mentioned that you're not all that enamoured of the job, I'd certainly wait as long as possible before making your announcement, and be prepared for the possibility of long term employment to evaporate.



Hopefully, they'll value you enough to want to keep you, but since I sense you're already letting go of this position, it's going to be very easy for you to sit back and wait, see what they offer and how they react once your happy announcement is out in the open.



Take it a day at time darlin and CONGRATS on the baby!



Andre,,,, who misses baby smells,,, well okay not ALL of em! in Charleston

and later that same day:  Okay, NOW you've got me researching and I find that certain plans may opt out of HIPPA regs under plan by plan, year by year scenarios... so here's what Florida law says:



Title XXXVII

INSURANCE Chapter 627

Insurance Rates And Contracts View Entire Chapter

 

627.6045  Preexisting condition.--A health insurance policy must comply with the following:



(1)  A preexisting condition provision may not exclude coverage for a period beyond 24 months following the individual's effective date of coverage and may relate only to:



(a)  Conditions that, during the 24-month period immediately preceding the effective date of coverage, had manifested themselves in such a manner as would cause an ordinarily prudent person to seek medical advice, diagnosis, care, or treatment or for which medical advice, diagnosis, care, or treatment was recommended or received; or



(b)  A pregnancy existing on the effective date of coverage.



 Sheesh,  check with the company or better still get a hold of a copy of their provider's manual to see what your status is going to be,, but it LOOKS like you WOULD be covered UNLESS the company meets the Opt out provisions avialable under the new federal guidlines.



On and just for future reference, here's the direct link to the Florida Sentate's web site wherein the laws are contained.  



www.leg.state.fl.us/statu...ion%206045

 

[andrea843]

As we've discussed before in this forum when you're temping you work for the agency that placed you, not the company you're placed IN.  Your first duty of information is to your agency, allowing THEM to advise you when to tell your Temp assignment of your pregnancy and following their guidelines as long as you're comfortable with them.



There.  Now Im done! No Really, I AM.



Andrea

[winkiebear]

in Illinois there is no such thing as a preexisting condition anymore.  Pregnancy is covered no matter when your insurance begins.  Check the laws in your state.

[andrea843]

You're right wink, sorry Jade, the Hippa changes went into effect in 1997/1998 and I didnt keep up:



No group plan may exclude pregnancy as a preexisting condition, nor exclude newborns or adopted children under age 18, as long as the child is enrolled within 30 days after birth, adoption, or placement for adoption.



However, at the same time, pregnancy was adopted as disability, therefore:  Under the Equal Employment Opportunity (EEO) law and the Americans with Disabilities Act (ADA), it is illegal to discriminate on the basis of physical disability, which includes pregnancy. An employer is permitted to fire you if you have a disability that prevents you from performing the expected job related duties, but may not discriminate due to disabilities unrelated to the job. An employer cannot require you to take mandatory maternity leave, unless you are unable to perform your job.



Sorry for using dated material,,, Sheesh, good Catch Wink!

 

[donnap99]

As a women who was, for all intents and purposes, FIRED when I told my employer that I was expecting, I'd like to share some information with you.  As a point of reference, this was fall 1985, and I'm sure things have only gotten better for your case.  



My job, as the payroll manager with a weekly pay of 250 employees, was "eliminated."  I filed charges of sexual discrimination with the appropriate agency THE SAME DAY (the federal discriminatory agency...  what's it called?).  For the next 12 months one employee at that company had to work 70+ hours a week to do her job and my eliminated job, so they could stick to the story.



The bottom line is -- ANY negative personnel action taken on an employee that does not have sufficient documentation (i.e., write-ups in personnel file, or performance reviews, etc.) is not only questionable, but can easily be construed as illegal in the eyes of our justice system.  



But remember this -- it is just as important for your to document your company as it is for them to document you.  You most likely only have your application and a few items of paperwork in your file.  YOU need to keep track of compliments, projects assigned, due date, and completed, even the "good job" comments could come into play if you would be fired because you are pregnant.  



In my case, we had just been married (June) and wanted to start a family right away.  The new controller had started in February.  He was a creep from the get-go, but it was obvious he thought women belong in the kitchen, bare-foot and pregnant.  Not having a good feeling about this guy, I began documenting what I've described, and what I wound up with was a mountain of evidence that not only was my position a NECESSARY position in the company, and could not be "eliminated," but that I had been doing an outstanding job.  



Please protect yourself.  I don't think that there is a requirement by law that an employee disclose their pregnancy until they need to schedule time off for maternity leave.  



I wish you the best!



Donna

 

[gertilda]

Just as a comparison, here in NH, we have a 3/3/9 pre-existing conditions limitation (if you have had care for the condition within 3 months previous to enrolling on health plan, you will be covered for that condition after 3 months if you have not had care, or after 9 months if you did).  I believe that's a little better than the HIPPA laws.  Don't know if this applies to pregancy.

[jadegrniiz]

Andrea, you about sent me into labor with your out-dated news!  (kidding..really)



I was informed by the Insurance Guru at my OB/GYN that pregnancy is NOT, and CANNOT BE a pre-existing condition under any circumstance, and that my insurance MUST pick up the claim from the policy effective date onward.



That said, I'm still unsure about WHEN I should tell the agency (if at all.. I'm only temp for another 2 weeks), and the boss/company I'm working for. Should I stick to rules of etiquette, and stick to day one of second trimester? Or is now the time, because of the temp-situation?



If it's all the same, I'd like to just wait.. simply because I need the insurance to pick up the OB tab. I think they are happy with my performance (which DOES amaze me... I hate being bored, and *I* think it shows in my performance) and I'm sure they will keep me on as a perm. employee.

 

[sungoddesslv]

Etiquette, ethical, morales - shess!  Don't they just get in the way sometimes?



I think in this case, I would look out for Numero Ono.  Granted the company will probably not like it too much, but at this particular time - that's not the most important thing.  You are and your financial situation.



Why should you jeopardize your happiness at this most exciting time in your life by having to worry about money and how to pay for the little darling?  



Follow your heart...you and only you knows what's best.  



Congratulations and best wishes,

sungoddess