We want to start to try to get pregnant and i was told my company does not offer maternity leave. I had no idea that they could do that.. I was always under the impression that ALL companies must offer maternity leave for full time employees.
2006-08-16 12:03:00 · 13 answers · asked by witchy woman 1 in Politics & Government ➔ Law & Ethics
No, companies are not required to offer paid maternity leave. You may use any personal or sick leave you have accrued to pay for some of the time you are off. Under the Family and Medical Leave Act, if you have worked for the company for at least a year, you may take up to 12 weeks leave (paid or unpaid) and your employer has to hold your job or offer you an equivalent job when you return, including all benefits. You should not lose any accrued seniority or benefits that you held as of the time you took leave. You may be required to pay the company for your health insurance coverage during the time you are off. Basically, you have to look at your company's policy regarding medical leave. Anything that they would do for anyone else on medical leave, they have to do for you, but there is no obligation beyond that, at least not in the USA. Sorry. I have 4 kids and went through this 4 times. Sometimes, if your employer really values you, you can negotiate for a longer time off or an adjustment of hours when you are ready to come back, but your employer has no legal obligation to do anything more than the FMLA requires.
2006-08-16 12:19:53 · answer #1 · answered by just♪wondering 7 · 0⤊ 0⤋
Your company has to offer leave through FMLA (Family and Medical Leave Act) which is a federal law, but there is no law that mandates that the leave must be paid. You can use accrued time such as vacation and/or sick leave. Some companies offer a paid maternity period, but most dictate using your earned time (also making it paid), but there is nothing stating that the company must "pay" for you to be out for the length of time (up to 12 weeks). Hope that helps!
2006-08-16 12:12:11 · answer #2 · answered by lovethosebosox 2 · 1⤊ 0⤋
Several people claim that maternity leave is guaranteed under FMLA. While that's true, not all employees are covered by FMLA. Your company must have a certain number of employees, you must have been employed for at least a year, etc. Generally speaking, if you are covered by FMLA you are entitled to 12 weeks of unpaid leave. This applies to both the mother and father if eligible. In addition to your vacation, sick, and personal days. The mother can qualify for short-term disbility pay. (If her company offers it and she is covered.) Furthermore, you don't have to take the 12 weeks all at once. You have one year to use the 12 weeks of leave. Also, if desired, the mother can start taking this leave even before the baby is born. You can find more info at the Dept. of Labor FMLA site listed below.
2006-08-16 12:45:04 · answer #3 · answered by Anonymous · 1⤊ 0⤋
No, it's not a must. What they must offer at a minimum is Family and Medical Leave (FMLA), if they are a company that is subject to that Federal Law.
http://www.dol.gov/compliance/laws/comp-fmla.htm
Some companies in states with SUI tax (a few states like NJ have this) will permit you to use a week or so of your vacation for pay and then you get paid a portion of your pay from the state disability insurance pool.
Some companies in other states will permit you to use any unused vacation first, then unpaid leave for the duration of your time out, up to the FMLA limit of time out.
2006-08-16 12:12:22 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Oh, hell no, not if you live in America...I know from personal experience. Better see if your employer has a short term disability policy you can buy, or start saving up.
The company does have to offer you 12 weeks of unpaid leave, and allow you to assume the same or a similar position when you return, that's goverened by the FMLA statutes.
2006-08-16 12:22:30 · answer #5 · answered by mightyart 2 · 0⤊ 0⤋
Companies in the US are not required to offer paid maternity leave. And they think us women have nothing left to fight for!
2006-08-16 12:09:32 · answer #6 · answered by Anonymous · 1⤊ 0⤋
All companies must offer you time off for maternity under the FMLA, but they sure don't have to pay you for it. Once your sick time and vacation time is used up, you're done.
2006-08-16 12:08:42 · answer #7 · answered by Jerry L 6 · 3⤊ 0⤋
maternity leave is guaranteed under the family medical leave act, however they do not have to pay you for your time off
2006-08-16 12:10:05 · answer #8 · answered by p_stanleyrox 3 · 1⤊ 0⤋
Nope, hate to break your heart, they certainly can give you time off (they are obligated) however they dont have to pay you. You should move to England they offer you like 6 months or somehting paid..... yeah.....
2006-08-16 12:08:54 · answer #9 · answered by woofywaffles 3 · 2⤊ 0⤋
Check your state's labor laws and your company's policy.
2006-08-16 12:08:09 · answer #10 · answered by Anonymous · 1⤊ 0⤋