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January 09, 2005
That's some catch, that catch-22
I had applied for FMLA since I am missing so much time at work for our infertility treatments. I had my doctor fill out all the forms and sent them in. I waited and waited for answer and finally called to check on it. The conversation went like this:
HR: We need more specific information about the duration and frequency of the time you need off.
Me: The duration is until I'm pregnant, and the frequency is unpredictable.
HR: But we need to know. Your doctor has here duration until pregnant and has the frequency as monthly 5-6 times. What does that mean?
Me: It means I'll need time off until I get pregnant and I'll likely be out 5-6 times per month.
HR: Well we need more specific information.
Me: Well, I can't get any more specific than that. These treatments are unpredictable and I'll need them until I get pregnant.
HR: Well we need to know how long that will be.
Me: I can't tell you that. It's been 14 months so far, hopefully it won't be much longer.
HR: Well we just need this information.
Me: I can't give you any more information other than what I just told you.
HR: We have an outside vendor we can use to contact your doctor for more information.
Me: Well, do that but she's not going to be able to tell you anything different. I have an appointment this week that I wanted to use the FMLA time for. What should I do?
HR: Go ahead and use it. It shouldn't be a problem getting it approved, we just need this information.
So I used it for my appointment last week. I hadn't heard back from my case manager so I checked the status of my case online. This "outside vendor" recommends that my FMLA be denied because it is "elective" and the employee is not incapacitated. Obviously whoever reviewed my case has never tried to sit for 8 hours with ovaries the size of grapefruits.
Infertility being "elective" is a new one on me. It implies I chose this. I'm deeply offended by the term. I suppose I could elect not to have a family, but isn't that my right? You can take FMLA for pregnancy, no questions asked. Now pregnancy is definately elective. Well for those lucky enough to be able to acheive it anyway. I wish I could make that election.
My companies attendance policy allows them to fire you after 7 unplanned absences in a rolling 12 month period. And two unplanned latenesses count as one absence. I'll likely hit 7 before the first treatment cycle with injectables is over. With FMLA these absences wouldn't count against me. So I need the time off for the fertilty treatments, but if I take it I run the risk of getting fired and not having money to persue fertility treatments. Enter catch-22. I've opted to go part-time for now to not only give me some days where I don't need to worry about unplanned absences, but for stress-reduction. That's going to make paying for treatment that much more difficult, but my only other option I see is working until they fire me. I'm not guarenteed that they won't anyway. They won't be flexible with my part time schedule; I'll have to be in M-W-F. There's a good possiblity that I would need off M-W-F to be in the RE's office.
I'm feeling very discriminated against. If I were pregnant I'd have no problem getting time off for doctor appointments. Since I can't get pregnant I can't get the time off I need.
I also feel discriminated against with our health insurance. They only cover $2000 per year for anything relating to infertility. That won't even cover one treatment cycle this year. The rationale is that infertility is too expensive to cover. What about cancer? Someone with cancer can spend months at a time in a hospital. And chemo drugs are just as expensive as infertility drugs. But you never see a policy that limits benefits on cancer. You never see a policy that says we'll only pay $2000 per year for anything relating to heart disease. Why is the diagnosis of infertility any different? Most insurance plans cover transplants and that more expensive that most infertility treatments.
I'm lucky enough to live in one of only 15 states that has a mandate to offer or cover infertility benefits. Even though Maryland has the mandate to cover, $2000 won't cover much. $2000 wouldn't cover 1/4 of the cost for IVF.
So I don't know what to do. I don't seem to have any recourse. It's bad enough to be infertile; but this is just a slap in the face.
Posted by jlraynes at January 9, 2005 09:11 AM
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Comments
I had a heck of a time trying to get time off while my mother was sick with cancer. Seems like employers don't want to give anytime off even if FMLA dictates it.
Posted by: John at January 11, 2005 08:09 PM #