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sweetbelly

Loss wages Question

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For the selective reduction that was done last Wednesday. I asked my agency about lost wages for the two days that I have off and was told it is supposed to come out of my monthly misc check. ($200) Here is what my contract says about the fee:

 

CARRIER will receive $200.00 per month beginning on the date of the signing of this Agreement and until the delivery of CHILD. Said reimbursement includes, but is not limited to, such things as; postage, in state travel, mileage, baggage fee, tolls, massage or chiropractor visits, pet care, childcare and housekeeping expenses while attending local OB visits, long distance and cellular phone calls, etc.

 

There is nothing in the contract about loss wages for invasive procedures only for transfer, medical screening and bedrest. I do receive a invasive procedure fee. My loss wages for two days is about $170. Plus parking, gas (it 30 minutes each way), ect.

 

Now my IFs want me to get a amnio =( which I will probably miss another two days of work. Would you ask your IPs about changing the contract to include loss wages? Is this reasonable?

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Do you have anything at all that is in there for lost wages? If not, I can't believe your lawyer told you to go ahead with the contract. From what you posted it looks as though gas and parking would be taken out of the $200.

 

Mine doesn't say anything about lost wages for invasive procedures, it says lost wages for anything to do with the pregnancy. Are you sure it doesn't say anything about reimbursement for missed work due to the pregnancy? Can you get something from your doctor that says you needed to be on bedrest for those 2 days?

 

If its not in there, personally I wouldn't ask for a contract revision. But you always could broach the subject with your IP's and see what they say.

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I have loss wages provisions for bedrest, trasfer and medical screening in my contract. I don't want to seem greedy but I am using my time that I saved up for my June vacation.

 

I guess you live and you learn when it comes to surrogacy contract and what to put in it and what to not put in it. If anything I've learned to put this in my next contract.

Edited by sweetbelly

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I asked my agency the same question. I have a good salary, it's not the money really that I am concerned with. It was the PTO. You can't put a price tag on it in my book. Their response was you are getting pregnancy comp now, so that covers it. It seemed weird and annoying but I just didn't feel like dealing with it after everything else. My contract seems to cover EVERY other instance. Lost wages for two days after transfer, if you travel overnight or medical bedrest. For my appointments I had to travel 3 hours each way. For 10-12 appointments. I had to take a lot of time off work. It makes me sad that I only have 12 hours of PTO left. Tis the life I guess. If I knew then what i know now, right?

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Jenn I would talk to yuor IF's and let them know the situation. Is there a way you can call or email the lawyer you used and see if it is covered in the contract but just worded in lawyerese?

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I have loss wages provisions for bedrest, trasfer and medical screening in my contract. I don't want to seem greedy but I am using my time that I saved up for my June vacation.

 

I guess you live and you learn when it comes to surrogacy contract and what to put in it and what to not put in it. If anything I've learned to put this in my next contract.

 

Were you given specfic instructions from your OB that you were to rest for XX amount of time? This could count as bedrest if you were not expected to return to work immediately. It may take a special request to your OB to have something written up for you to submit but I would think since you couldn't go back to work the day of, and likely instructed to rest for XX hours after it should count as bedrest.

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If you can't get it counted as bedrest, don't you have an invasive procedures fee? I had one for selective reduction, amnio, etc that would have more than covered my days off of work in terms of lost wages.

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Lost wages ABSOLUTELY SHOULD NOT NOT NOT come out of that monthly allowance!!!!! Lost wages should ALWAYS be seperate, should NEVER have a cap on it and SHOULD include ANYTHING RELATED TO THE SURROGACY OR SURROGATE PREGNANCY!!!!! I absolutely would insist upon an amendment for that. If it was not addressed in your contract about any lost wages covered for the surrogacy, then your lawyer totally dropped the ball on that one. Then add to it the BS your agency is spewing...if it were me, I'd totally go off on them. I can tell you that your monthly allowance would NOT cover my DH's lost wages at all. Unless it specifically states that in your contract (which would again point to your lawyer dropping the ball), your agency is dead wrong. You should have the invasive procedure fee AND a SEPERATE amt for your lost wages.

 

I'm really sorry you are dealing w/this right now. I'm praying that you're not screwed on this per your contract. I will say that this should be a learning tool if you choose to do another surrogacy. Make sure this is an area that is fully covered and I'd even consider using a different, more competent lawyer.

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Trust me Traci my contract for my next journey will be different! You do live and learn. I do get loss wages but for bedrest only now. And yes there is a cap on it =/. It was lower when we started contracts and I had my lawyer raise it when they ammended my contract to be able to put more embies in at transfer.

 

If my IFs go ahead with the amnio I will be adding it to my contract because thats at least two days loss wages. And two more days of vacation that are gone from my PTO at work. kwim?

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Hi Girly!

 

Yes, it should be covered under the bedrest. I am sure your doctor can provide you with something that indicates that you should have been resting after procedure. I agree with Mavis, its not about the $ per say, it can be about PTO. I guess the way I looked at it was two days sick time @ $250 a day for me (my personal situation).I don't think you are being greedy at all.

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I agree that with a written note from the doctor, it should be included in bedrest lost wages- and I would contact your attorney to ask about it if your agency denies that. No where in that description for your monthly allowance does it say that it is meant to cover any lost wages for anything. Mileage/gas and parking that you mentioned, it seems, are in the monthly allowance. I hope that your agency sees it as bedrest once you have a note from the doctor (for this and the amnio). Good luck!

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I think we have the same agency and my contract has a lost wages--but there's no indication of what those lost wages are for (so I can use it any time I'm off work).

 

Have you talk to your coordinator about it?

 

And I agree--if you can get a note from your doctor that you had to be on "rest" for those 2 days, those should be reimbursed.

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