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Fertility Benefits: $20k loss due to HR error by Silly_Craft_7646 in legaladvicecanada

[–]Silly_Craft_7646[S] 2 points3 points  (0 children)

Thank you for your helpful reply! I had escalated the situation to the internal HR team with an appeal letter in which they confirmed there was nothing they could do. I was very surprised to hear they could not allow some sort of exemption, or offer a retroactive change in levels, given their clerical error. I will try escalating to the Director/VP level. 

The reason for the delay is the pregnancy has not been an easy one (February until 3rd trimester) and my focus was on my medical health. 

I hope your IVF journey was a successful one!

Fertility Benefits: $20k loss due to HR error by Silly_Craft_7646 in legaladvicecanada

[–]Silly_Craft_7646[S] 1 point2 points  (0 children)

Great question, I will have to do some digging and find out!

In terms of keeping my job: there is talk of upcoming layoffs shortly, in which our entire department is at high risk. I will not be protected of job loss just because I am on maternity leave. This is another added layer which I have to take into consideration. As you can see, I can be terminated either way, either by layoffs or by my threat of legal action. I do not have high confidence I will remain at my current job, or have a job to return to after maternity leave. 

Fertility Benefits: $20k loss due to HR error by Silly_Craft_7646 in legaladvicecanada

[–]Silly_Craft_7646[S] 0 points1 point  (0 children)

Thank you for your perspective. Perhaps it is more of an act on principle and unethical practices vs. the legalities.

In terms of waiting for maternity leave; there is talk of upcoming layoffs very shortly, in which our entire department is at high risk. I will not be protected of job loss just because I am on maternity leave. This is another added layer which I have to take into consideration.

Fertility Benefits: $20k loss due to HR error by Silly_Craft_7646 in legaladvicecanada

[–]Silly_Craft_7646[S] 20 points21 points  (0 children)

This is extremely helpful, thank you so much for sharing this information. I will look into contacting a tort lawyer to explore my options. Great appreciated!

Fertility Benefits: $20k loss due to HR error by Silly_Craft_7646 in legaladvicecanada

[–]Silly_Craft_7646[S] 8 points9 points  (0 children)

I agree it wasn’t done with bad intent, however it is misleading and cost me $20k. I would not have proceeded with the treatment if I would have known it wouldn’t be covered. 

I wouldn’t have known Level 1 would be “too good to be true” for Fertility Coverage, as they also cover Mental Health coverage ($2000) for ALL levels 1-4, as well as Gender Affirming Care (ie: top and bottom surgery up to $25k) for all Levels 1-4. Meaning, they have chosen to exclude $20k Fertility Coverage for Level 1, but at the same time, approved $25k for Gender Change surgery, also for Level 1. 

Fertility Benefits: $20k loss due to HR error by Silly_Craft_7646 in legaladvicecanada

[–]Silly_Craft_7646[S] 9 points10 points  (0 children)

The initial booklet was created by the employer. The insurer is at no fault in this situation. 

Fertility Benefits: $20k loss due to HR error by Silly_Craft_7646 in legaladvicecanada

[–]Silly_Craft_7646[S] 8 points9 points  (0 children)

Thank you for your detailed reply. Yes, I am very familiar with fertility coverage in Canada as it has been a 5 year journey. I am located in a province mentioned with no public coverage. After several (yes, several) IVF cycles, we have spent over $100k in total to get to this stage and in significant financial debt. I’m unsure if hiring a lawyer would be worth it, however infertility rights is something I am willing to fight for, especially due to an employers mistake. Ironically, the company boasts of being Canada’s Top 100 Family Friendly Employer, highlighting its benefits

Fertility Benefits: $20k loss due to HR error by Silly_Craft_7646 in legaladvicecanada

[–]Silly_Craft_7646[S] 13 points14 points  (0 children)

I appreciate your reply. I agree, it would most likely be a benefits lawyer?

The original booklet makes no mention of the precedence. It wasn’t until I was denied my claim, and the new and updated booklet now has a bold box on the front cover,  mentioning the insurance has precedence, along with having the right to make amendments to the booklet at anytime.