Wife recently gave birth to our second child. This last pregnancy, along with our first (<2 years ago), was "complicated". When pregnant, my wife develops a condition called Hyperemesis Gravidarum. Let's just call it the Morning Sickness from Hell 24x7x8-9 months. The only cure is delivery. Just to give you an idea how much of an impact this makes.. my wife only gained 8 lbs from day zero to delivery day. And that wasn't her only complication..
Having experienced a very stressful, difficult time with our first child, we spoke with our doctor and had my wife put on disability starting at about 2-3 months pregnant. My wife's employer did offer paid short term disability. Normally, it would pay about 6 months of continuous benefit up to the beginning of Long Term Disability (LTD) benefits, however, this amount was reduced a few weeks due to some minor surgery and maternity leave following the birth of our first child.
Fast forward to a few weeks ago. She was officially out on disability and we had been in constant communication with the disability administrator (3rd party vendor). We were informed that the short term disability benefits would be cut short for the aforementioned reason(s) and that officially, she would now be on unpaid leave.
About the same timeframe we had been contacted by the LTD company and were determining my wife's benefits. The salary data provided by her employer was way off, so we asked them to investigate. Upon further review of her short term disability policy (STD) we realized that her short term benefits should have been calculated higher as well, so we contacted her local HR rep to get an answer. They couldn't provide one, so they sent the question up to higher levels within HR for a response.
Within approximately two weeks, we had a certified letter of termination stating that she was being fired for "exhaustion of leave". We were never given a choice to continue on or request unpaid leave. This happened literally 2-3 weeks before our child was to be born, and we might add that the medication that was keeping my wife from imploding like a black hole had a price tag of $15,000 a month. Of course, her termination was made retroactive to the last day that her short term benefit ended, which left us holding the bag for the last 2-3 weeks of treatment.
Needless to say, we'll be paying for COBRA for sure, but we find the sequence of events to be very, very shady. Additionally, her company's own short term disability policy says that "employees may be considered for termination following six (6) consecutive months of disability". We had only been out 4 months.
We live in Texas and know this is an "at-will" state in terms of employment, but the circumstances stink to high heaven as far as we can tell. Our own homework with the EEOC points in the direction that this was not a kosher move on their part.
I should clarify. We did apply for and were approved for FMLA. Unfortunately, per company policy my wife was required to take FMLA concurrently with her short term disability. This was exhausted several weeks prior to her termination.
With regards to communication with her employer, she did maintain contact with her supervisor and her local HR representative right up until the end. They had every opportunity to "warn" her that she would lose her job if she did not return to work, notwithstanding the fact that she was still certifiably disabled, but that is a whole other can of worms..











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