Does it seem like I'm being discriminated for being married?

Question

My husband and I work for the State of California. We cannot have our own health insurance policies, even though we pay for it, so that we could off-set the costs of health care. In other words, he can't be on my insurance and I can't be on his at the same time or we would be "double-dipping."

We cannot promote in the same work area unless we promote together - nepotism reasons.

If one of our parents were to be gravely ill we are not entitled to 12 weeks of FMLA leave each to take care of our parents. Since we're married we have to share the 12 weeks and we each get 6 weeks each to care for our parent (or child that would need extensive medical treatments.)

We cannot take time off together as a family due to scheduling reasons. Although, non-married personnel are allowed to take time of at the same time.

Of course, if we chose to divorce one of us could choose to promote and we could just have an office affair (which happens all the time), we could take vacations together, we could take the full 12 weeks off to care for a loved one that was ill.

Doesn't this seem like we are being penalized for choosing to be married? I've seriously considered a legal separation in order to have a "normal" life.

Which advocacy group would you turn to to get guidance and advice on this type of issue?

Answer 1

Yes. you are. Everyone is discriminated against. I'm currently in college..my husband and I are making it, but barely. A single mom friend of mine has scholorships(just for being a single mom) and a pell grant. I just get the pell grant...but hey, if I was black or indian my schooling would all be paid for anyways(yea, and they say whites aren't discriminated against haha-i need more money for schooling please!)...if you're married, you screwed yourself over...in this "God fearing" country with a 'christian' government, you get by better by living in sin...make sense of that.  

Answer 2

it seems like you want to deprive the state its due.If a single incident would only allow 12 weeks, then for 1 incident your family would actually deprive the state of an additional 12 weeks.not to mention the need to replace not 1 but 2 employees, and that means added costs. If all families got what you think you deserve, then multiply that times two. Two =four four =eight eight=16.One of you needs to get a different job.

Answer 3

I would consider either you or your husband having a s*x change operation. As a g*y or L*****n married couple you would be able to circumvent all the rules and regulations. The State of California would certainly bend over backwards while $hitting their undies to avoid discriminating against husband and husband..or wife and wife.  

Answer 4

well...

Answer 5

It would not be discrimination per se because you are not part of a "protected group" and there is no legal claim for "marriage discrimination".  If you are each separately paying for an insurance policy, then you have to each be given a separate insurance policy.  They are right that you can't double dip, but usually when there are 2 policies, yours is primary for you and you use your husband's for secondary expenses (like co-pays) and he does the reverse.  If you and he are both contributing say $50 each for a total of $100 for one policy versus another employee paying $50 for one policy, this would certainly seem to violate employment law.

Same with FMLA - the act says an employee is due 12 weeks.  I see no mention of it being reduced.  It's a federal law so California can be more generous but they can't be more strict.

As far as vacation, the company has a right to make rules regarding scheduling of vacations with little input from the courts as long as they can show a business.  If you and your husband decided to work in the same department, you may have to accept this unless you show that it affects you differently than comparable employees.

Doesn't the State have a formal grievance procedure?  You may be obligated by law to use the grievance procedure before you're able to take any civil action.  Perhaps call the State labor department for more info. or just see an attorney for a consult to see how to proceed.

Answer 6

To Be honest,It will take a little time to find the answer for the question of yours.have a look at the resource here for your reference .http://health-insurance.onlinebestoffer....

Answer 7

FMLA is a federal law.  Each of you are entitled to the unpaid leave.  The State can't deny either of you that.  

Are you sure you have your insurance policies right?  If you are married, you should have one policy under either you or your husband, kind of like a family plan.  You both do not have to have your own policy.  

As far as vacation time, the Dept of Labor doesn't require any employer to grant time off.  Since you work to the state, they have to have a policy book or hand book.  You must have to put a request in for time off, depending on the type of jobs you both do.  There may be certain times of the year they don't want people to take time off since it may be their busy season.  I don't know the specifics, but if you contact your HR department, I'm sure you won't have a problem.

Answer 8

For some reason I cant believe that because ...  when my husband and I lived in CA, we both worked for the state and we were on each others insurances.... If we paid into it ( both of our pay checks) there is no way they can NOT let us do that.... If your parents are gravely ill....  you should be able to go, come on now, when into dayss day and age they give the father maternity leave!  Vacations , depend on seniority in most cases and its not due to you being married but scheduling.... No I dont think this is  discrimination but bad planning!

Answer 9

IS this actually in writing? Yes, this is definitely discrimination. You need to see a Employment Lawyer!

Like you say, if all else fails, a legal separation would work, but sad that people are pushed to do such things!