Im due in a month and currently a working mom. I am the Assistant Manager and assigned to do several tasks for the company. My female boss, a Korean, doesn't want me to take a long maternity leave so she said I have to go back to work after week from my delivery. She said that if I intend to leave for a week more, I won't be given a pay for that second week of absence. Is this safe and legal?
What should I do?
2007-09-12 01:35:08 · 10 answers · asked by Hunny 2 in Politics & Government ➔ Law & Ethics
Well lets get pickin dat cotton Liza, cause mastas back on the plantation.
Tell your female boss to put on a tin beak and scratch manure with the chickens. Two weeks is not nearly enough time to recover from childbirth. You need 3 months. Check with the department of labor in your home state and then turn the B**** in.
That is the most inhumane thing I've ever heard of.
2007-09-12 01:55:28 · answer #1 · answered by Fancy That 6 · 1⤊ 1⤋
It depends on whether or not your employer offers short-term disability insurance and what the terms and conditions of coverage are as to whether or not you will be paid. If where you work does not have any short-term disability insurance, once you use up your vacation/sick leave/paid time off, you will not be paid.
If the employer employs over 50 people and you have been there a year or more, you can request FMLA and you are legally entitled to up to 12 weeks (with a physician's note); however the employer is not required to hold your job open, only offer you a similar position and pay when you return.
Nearly all physician's in the US will provide written approval for 6 weeks off for a vaginal birth and 8 weeks off for a C-Section.
2007-09-12 04:38:17 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
Federal law allows under FMLA (Family Medical Leave Act) 12 weeks of unpaid leave for an illness of either the employee or the employees close family member.
You have to have worked there for at least 1 year and be full time to request FMLA leave, your employer must also employ more than 50 employees to be bound by FMLA guidelines.
Your employer is under no obligation to pay you for any time missed unless your employer has a policy to do so.
2007-09-12 01:46:44 · answer #3 · answered by tnfarmgirl 6 · 3⤊ 0⤋
Depends on which country you live in. If the US, yes. According to the Family Medical Leave Act, if a company has over 25 employees then the employees are covered by FMLA. The company has to give you upto, I believe 13 weeks of leave, if you request it-----but they don't have to pay you.
2007-09-12 01:40:43 · answer #4 · answered by Anonymous · 4⤊ 0⤋
It is legal. Under the FMLA you are entitled to up to 12 weeks off depending on the size of the company however they are 12 weeks of unpaid time. See the official web site for the details.
2007-09-12 01:52:51 · answer #5 · answered by The Oracle of Delphi 6 · 3⤊ 0⤋
One week, there are laws and safe guards in place in every State for having baby and the right of your job.
Check with your local state representative, and maybe a lawyer, as she may be setting you up to fire you, even even though legally she can not do that.
2007-09-12 01:43:39 · answer #6 · answered by Mama~peapod 6 · 0⤊ 1⤋
that is terrible!!!!!!!!!!! I believe that 6 weeks is the minimum time off they HAVE to give you. Unfortunately, PAID time off is not mandatory in a lot of states. Check with your local state employment offices to see what the laws are in your area. Shame on your boss for only wanting to give you a week off!
2007-09-12 01:45:07 · answer #7 · answered by Angela C 6 · 1⤊ 1⤋
Yes, unfortunately, she can do that if the company is small enough. You are allowed to take time off, and she doesn't have to pay you for it, but she does have to hold your job.
2007-09-12 07:36:51 · answer #8 · answered by Hillary 6 · 0⤊ 0⤋
In the US, you are legally eligible for a minimum of 6 weeks of maternity leave. Period. However, it isn't required that they pay you.
That said, she shouldn't expect you to return after 1 week. Find someone else to work for, ASAP. This woman's a slave driver.
2007-09-12 01:43:27 · answer #9 · answered by Kelson 2 · 0⤊ 3⤋
Yes it's legal. They don't have to pay you for any of it unless you have saved paid vacation time.
Other than that they only have to hold your job for you or rehire you upon your return. Why would they pay you for being at home, you don't get paid for doing nothing.
2007-09-12 01:43:04 · answer #10 · answered by Anonymous · 3⤊ 4⤋