What are the laws/regulations on maternity leave? My company does not offer it...period. They do let us pay for our own disability insurance that we can use during the time off, but they only allow 6 weeks. Family Medical Leave Act states you should receive 12 weeks. I would be willing to retain a lawyer if it was a battle that could be won...
2007-06-19 08:46:48 · 9 answers · asked by Ashli 2 in Politics & Government ➔ Law & Ethics
It really depends on the state you live in. If your company does not meet the requirements for FMLA, you can have your friend apply for state disability benefits. These are usually 6-8 weeks and you are paid a portion of your salary while on disability. In California, there is Paid Family Leave. This is a state run program and does not run concurrent with disability. This program gives men or women six weeks paid (at a portion of their salary) time off to bond with their baby. So, if you're in California, take 6-8 weeks disability, then 6 weeks PFL. 12 weeks paid time off.
2007-06-20 08:27:25 · answer #1 · answered by Whyruafraid? 4 · 0⤊ 0⤋
Depends on whether or not the company meets the criteria that requires them to comply with FMLA.
Plus, there is nothing that says that 12 weeks or any portion of that time must be paid - it is simply time off and you can come back to a job (may not be the one you left - but has to be same pay, same benefits).
If your disability says it pays only 6 weeks - then that is what it pays. The remainder of the FMLA would be unpaid.
2007-06-19 15:57:57 · answer #2 · answered by Susie D 6 · 0⤊ 0⤋
It depends on the State. Do a google on your States Laws on maternity leave. They may be following the law in your State.
Get the facts before getting a lawyer.
2007-06-19 15:50:57 · answer #3 · answered by Steph 5 · 0⤊ 0⤋
Yes you can have 12 weeks off, but that does not necessarily mean 12 paid weeks off. So it looks like 6 weeks paid, and 6 weeks without if she decides to take the 12 weeks off
2007-06-19 15:55:40 · answer #4 · answered by Pengy 7 · 0⤊ 0⤋
There are specific business size requirements for the family medical leave act. If your company is a small one, you can't really use it.
Your company doesn't sound too unusual. 6 weeks disability is fairly common, I think.
2007-06-19 15:51:17 · answer #5 · answered by VirtualElvis 4 · 0⤊ 0⤋
FMLA only applies if you work for a company with more than 50 employees. They will hold your job for 12 weeks, that is not necessarily paid. FMLA does not assure you a paycheck, just that you will have a job waiting for you. 6 weeks is your standard medical leave.
2007-06-19 15:49:54 · answer #6 · answered by leaptad 6 · 1⤊ 0⤋
The person would have to check with the department of housing and labor in their state for the exact ruling. Some co. don't pay but you can get disability pay.
2007-06-19 15:57:58 · answer #7 · answered by igdadriver 1 · 0⤊ 0⤋
If it's not for you, than why would you say, "I would be willing to retain a lawyer if it was a battle that could be won..."? Right.
2007-06-19 15:49:34 · answer #8 · answered by dudley997997 6 · 0⤊ 1⤋
the ones that really get those leaves are union only.
2007-06-19 15:50:47 · answer #9 · answered by ? 7 · 0⤊ 0⤋