FMLA/Maternity Leave

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amother

Floralwhite

Tue, Feb 21 2017, 11:21 pm

What are the rules involving taking (unpaid) maternity leave in a business that employs less than 50 employees?

amother

Salmon

Tue, Feb 21 2017, 11:23 pm

amother wrote:

What are the rules involving taking (unpaid) maternity leave in a business that employs less than 50 employees?

They do not have to hold your job for you.

tichellady

Wed, Feb 22 2017, 12:33 am

Depends on the state. They most likely do have to hold your job for you because it's disability leave

amother

Floralwhite

Wed, Feb 22 2017, 8:34 am

I'm not worried about them holding my job for me. It's more like how long can I take off? Some pp take off 6, some 7, some 8, and some 9. One took off 3 months. Basically it's a use your judgement and decide yourself?

amother

Linen

Wed, Feb 22 2017, 8:42 am

I think some people take off based on how long they can go without pay.
6 weeks is paid by disability (8 for c-section). You can actually work with your doctor and disability insurance if your doc thinks you need more time to recover. I once received disability for 9 weeks. Woohoo.
After that FMLA is an unpaid leave up to 12 weeks, but as you said the company must have at least 50 employees in a 75 mile radius, etc...
If your company agrees and you can go without pay, you can take off - unpaid after 6 (or 8) weeks - as long as you want.

miami85

Wed, Feb 22 2017, 9:27 am

They CAN be nice about it, but they do not have to. My employer, for example does not have to abide by FMLA, but they explicitly stated in their employee handbook that they will honor FMLA leave.

mille

Wed, Feb 22 2017, 10:21 am

You're not covered under FMLA if your company has less than 50 employees. Unless you have state laws that include protected maternity leave that differ from FMLA (e.g. NJ has NJFLA, but it also has a 50 employee minimum), you are not entitled to ANY maternity leave. It's entirely up to your company/your boss's discretion.

Have you spoken with your boss about it?

sky

Wed, Feb 22 2017, 12:57 pm

amother wrote:

Only some states have paid disability (NJ being very generous) but many states pay nothing unless an employer has private short term disability. I have many friends in other states that make nothing during the 6 weeks leave.

mommyhood

Wed, Feb 22 2017, 1:16 pm

How long you can take off depends on how long you need to recover, what you can afford and how difficult it will be for your company if you take off a long time.
I work for a small company and the nature of my job makes it not worth hiring a temp so as soon as I can I start doing some work from home because I like my coworkers and feel bad that they need to work extra because of me.

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