Maternity Leave for Woman?

Question

O.K. get this, I have worked for my Brother-n-law as a paralegal for 2 years, I have been devoted and covered his a** for all this time. I am currently pregnant and he is not offering me no paid maternity leave, he will hold my job for me because by FMLA you are required to hold a job up to 12 weeks. I just don't know what to do, I honestly can't be off for 6 weeks unpaid. I'm scared to say anything because it's family, but I really think it so unfair that American woman have no paid maternity leave. Should I say something or not since it's family?

Answer 1

It all depends on the state and the company you work for. I work for a nonprofit organization and am allowed 8 weeks off..but it's unpaid. Since I can't work my way around that, I've had to plan very carefully about my expenses. My fiancee and I opened up a savings account accessible only through online transfers and arranged to have a monthly budget go there automatically. I'm only 23 weeks but we have saved over $1,000, which is about half of what I make a month. Sometimes you can't bend the law, but you can certainly find ways to save money and care for your baby while you are expecting!

Answer 2

I'm in the same boat...my employer does not offer an maternity leave (or short term disability!). I will be here 1 month short of qualifying for FMLA when the baby comes so I am untitled to 12 weeks of UNPAID UNPROTECTED leave...like you I CAN'T afford to go a single day without a paycheck. It's very stressful. I will have about 2 weeks of vacation/sick time built up and that's it. I wish I had a great answer for you, but I don't. I'm going through the same thing so know that you're not alone!

It's awful that family would do this to you. Is there anyway you could work from home for a couple weeks while you're on maternity? My job is letting me work from home with a laptop for a short while so I can keep getting paid...maybe you could suggest this to your brother-in-law.

If I were you I would find another job to take after the baby comes. I know you feel bad since it's family and you don't want to do that to him...however, he's putting you in a bad positon by not offering any maternity assistance. You need to stand up for yourself! I would get another job where I felt a little more respected. You deserve it!

Also, if you work a desk job...and you have a non-complicated vaginal delivery you could go back to work after 4 weeks (or possibly sooner if you need to!) even though I know that seems like a terrible option! :(

Best of luck to you!

Answer 3

I would absolutely say something. But calm down first...not to say I wouldn't be p*ssed myself. Being family does complicate things a bit. But being defensive or throwing in the fact you've covered his a** will not help you.
Sit down and discuss it, calmly asking if you can reach some compromise. If possible, forget he's your brother-in-law and treat the situation as professionally as you can. Tell him your situation does not allow for unpaid leave. You just can't and ask if he find a way to work with you here.
I hate to say it but he MUST have a business-related reason for this. Maybe he cannot afford to pay both you and someone else to fill in for you? I'd like to think that would be the only reason your own brother-in-law would deny you paid leave.
I agree, it blows my mind that we're lucky to get even six weeks maternity leave in this country. I was SOOOO fortunate - my boss offered me 12 weeks paid. I nearly fell off my chair. It's unheard of. Which is a shame.
GOOD LUCK!!!!

Answer 4

Jodie must live in California. That's the only place that gets any kind of paid maternity benefits.

And 6 months for Family Leave?? Hardly. It's 12 weeks, that's all you get. AND you have to have been with your employer for at least a year, and work in an office that has at least 50 employees (is it 50 or 20?). The 12 weeks is unpaid, unless your employer decides to pay you for it. If you're getting 6 months, it's something the state or your employer is giving you, NOT the federal government.

To answer the question, if you work in a small office, legally your BIL doesn't have to give you anything. However, with him being family, I think that's pretty crappy he won't give you anything. Do you have short-term disability? If you do, you can claim that while you're off.

I doubt her BIL would lay her off for 12 weeks. If he did that, she could sue him for unlawful termination, and he's got to realize that. Too risky for him to do something like that.

Answer 5

An employer only has to give you paid maternity leave if you have short-term disablity insurance. Otherwise, they are only required to hold your job until you get back, and that is only if you've worked for the company a certain amount of time (which you have). I'm sure this isn't the answer you are looking for, but unfortunately that is the way it works.

Answer 6

Sure glad that I'm in Canada where we get 1 yr paid maternity leave (55% of wages capped at $450/week) The American system needs to be revised. I'd ask him. There should be a maternity plan available.

Answer 7

I always thought that if your full-time and worked at a place for a while, they are required to offer 6 weeks paid maternity leave and if you take off more than 6 weeks, its unpaid leave. I would check into it more legally by laws and such for sure.

Answer 8

I just saw something on Good Morning America this morning about this! It said that of all the countries surveyed by Harvard, only 5 did not offer paid maternity leave. The United States was one of them. Funny isn't it. The only option we have in this country is if our companies offer short term disability we can get that, otherwise we're screwed. There really isn't anything you can do about it. My father in law is my boss, he didn't even offer maternity insurance, let alone paid leave. Best of luck hun.

Answer 9

I know exactly what you mean, I didn't get paid maternity leave but my husband got paid paternity leave it just isn't fair is it. I would say something but keep in mind if he pays you than he would have to pay everyone who has worked for/works for him so if he hasn't ever paid anyone than really there is nothing you can do. You could always see about finacially assistance from the state just while you are off on leave.

Answer 10

Paid maternity leave is seen as a benefit, and pregnancy is viewed as a disability. Thanks to Clinton and the Family Leave bill you can take up to 6 months off for the birth of a new baby, or care of a family member without fear of losing you job, however it only says you legally get the time off... not payment. If you weren't already pregnant, you might qualify for AFLAC or supplemental insurance to fill in the gap in between. Do you have vacation or sick time you can use? That's really what it's for. Since it's your brother-in-law, maybe your sister can talk to him. In reality, though, is it fair that you get pregnant, want extended time off without working and get paid for taking care of your newborn? Men wouldn't get paternity leave, except maybe in rare cases for a good company.