My employer wont give me a form i need.?
I’m 32 weeks pregnant. My employer does not offer any maternity benefits at all. However it states in our handbook: We can file for Temporary Disability through Worker compensation. I call the Worker compensation hot line number for my state and they said yes in fact women on maternity leave who do not get benefits from there employer can file and get cash assistance through temporary disability.
My doctor already said that i can not return to work for at least 10 weeks (maybe even 12 – 14 weeks) due to the fact that i am having a c-section and i can not proform any task at home or work. Plus also he wants me to have time bond to with my baby. And i do too! This form needs to first be filed out from my doctor and then be filed out by my employer.
When i asked my employer for the form today (giving him 6 weeks to get his stuff in order with this because i need to bring this form to the hospital with me) He looked at me and grimaced and said he knows nothing about it and got the attitude that i’m not getting anything. He is the person who wrote the handbook. I have been with this compnay for 6 years. The past 2 have been horrible but i have stck with it because my husband 2 jobs combined just don’t make ends meet.
We also recieve every state benieft possible, medicaid, food stamps, heap, everything except for wellfair because we lease our car and you can not have a car if you recieve public assistance. So obviously we are stuggling.
What can i do if this man refuses to give me the form or even refuses to fill it out. This is the one things that will keep my family on track while i can not work?
To swegner_water:
I live in a very populaed and very expensive city. The poverty level for a family of 3 is 33,000.per year. Low income families are condidered from 33,001 – 45,000 per year. My and my husband combined income is 42,000.
In other states we could very well, but when our rent on a 2 bedroom apt is 1400. Its very hard for us in this state
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Go above him, contact your Human Resources department and they are obligated to get you that form.
First, get the Doctor to fill it out. Then give a copy of the form to your employer. If he refuses to complete his portion, contact the State authorities and apprise them of that fact. Let THEM get on his case.
This is very similar to the situation I ran into as well when I was pregnant and working. The Doctor had ordered for me to be bedridden at 32 and half weeks because I had preclampsia, (high blood pressure, large amounts of protein in my urine that could be toxic to my baby) I had asked for a form as well, because I too, also read it in our employee hand book. My work doesn’t cover any maternity benefits, and claimed they knew of no such form that existed.
What I did do, was go to my OBGYN. They had the form there, ready for me to fill out and they sent it out for me. Disability checks you receive are only a portion of what you make, but it definitely helps!
Call the Worker Compensation hotline back and ask for guidance about which forms you need and where they need to be filed. Explain that you are not receiving any assistance from your employer regarding this paperwork- they should help you.
Your employer has 2 business days to get you the form after you request it. After those 2 days, they are breaking the law. Definitely talk to your HR department or your state’s employment organization (in Texas, it’s the Texas Workforce Commission). I would also look into getting FMLA. If your disability runs out, you can get job protected time off through FMLA – it covers pregnancy healing/bonding time, but it is unpaid.
I hate to be preachy, but if you are on “every state benefit possible” you really shouldn’t be having more kids. Please get on birth control after this child until you’re not relying on the state for your family’s well-being.
okay i had a c-section and that wasnt by choice and i was able to walk up 2 floors and i was able to do everything with staples and you are saying that you wont be able to proform house or any kind of work please.. and i i was back to you in 6 weeks so and plus i am a singel mother
It is your right to file that paperwork, and it is your employer’s obligation to provide you with said paperwork and fill out an necessary portions. They cannot refuse you the opportunity to file for short term (or long term) disability, though you may not have any employer paid benefits. If you must, contact the EEOC (equal employment opportunity commission) and seek assistance there as they are an advocate for people such as yourself.
Call the Worker’s Compensation hotline back agian, explain the situation with your boss and ask them for help or at least someone else that you can call who can give you the legal advice you need – without having to go to an attorney! Persevere – you deserve it!
I believe you have misunderstood something in the translation
here… Workers Compensation is liability insurance for your
employer in the event of injury in the workplace. WC DOES NOT pay
“disability” benefits for the employee for pregnancy…unless you
can show you got pregnant through performing your job duties. If
you live in a state, ie California that has a State Disability Ins
benefits program, then you would be eligible for paid leave under
the state program. All of your other financial troubles are NOT
relevant here or any other WC benefits.