Legal Question in Employment Law in Maryland

Company switching benefits - preexisting condition

I work for a company that was bought out by another this year. At the end of the year we will go to the new co's benefits. They do NOT offer ST disability, but only LT(after 4 weeks unpaid leave) and only at 60%. I currently have both ST and LT disability, ST kicks in after 1 week and it's at 66%. I am also 8 weeks pregnant and have been told that I an only eligible for the new LT disability insurance for my maternity leave. Is this true? Nobody at the corporate office seem to know what the specifics of the new benefits will be. Open enrollment should start in about a month and a half and we cannot get any straight answers from the corporate HR dept'. Nobody has answers. I think I should be entitled to the benefits that are currently offered, since when the company switches benefits, I have a pre-existing condition. For example, if my company now did not offer STD, and then it was offered in Jan, I probably wouldn't be able to sign up for it because of my pre-existing condition.

Any advice? Am I ''stuck'' with the 4 weeks of unpaid leave before LTD kicks in at only 60%?

Thanks.


Asked on 9/16/04, 5:13 pm

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Company switching benefits - preexisting condition

I strongly suggest you retain an attorney as soon as possible to help you resolve this.

You need to go to your company's HR department, and insist that they provide you with a complete written copy of what their benefits policy was, and what the new policy will be when implemented. You are certainly entitled to a complete, written explanation. Your attorney can then review the company's policies and proposed changes, and advise you accordingly.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/17/04, 8:43 am


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