I have not been with this company for a year, so I am not eligible for 12 weeks of maternity leave. My boss says that he will give me 6 weeks. Since I am a salaried employee is he required by SC state law to pay me during those 6 weeks?
2007-10-17 09:25:59 · 6 answers · asked by little_chef_2008 1 in Politics & Government ➔ Law & Ethics
Since you have been with the company less than one year, you don't qualify for FMLA leave. That requires you to work a certain amount in the 12 months prior to the leave period.
The American Disabilities Act has nothing to do with the issue of leave.
Unless you have paid vacation and paid sick time saved up, your maternity leave will be without pay, unless your boss offers to pay you. He doesn't have to do so, unless the company policy is to pay.
Your boss is being very generous allowing you to have 6 weeks of leave, even without pay. He doesn't have to allow you any leave at all. And you can be fired for not returning to work as he is not required to hold your job open since you don't qualify under FMLA.
Good luck, and I hope you have a beautiful baby!
2007-10-17 13:46:51 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
I would think it depends on your company policy. If there is paid maternity leave, and you meet the requirements then you should be paid.. However, I don't know of any state law that says they have to pay you as well. They may have to extend you that leave time, but I don't of any statute that says they have to pay you during that time. You need to call your HR department and find out what you benefits are. You also need to check the "Family Leave Act" this may fall under that.
2007-10-17 16:30:50 · answer #2 · answered by Spirish_1 5 · 0⤊ 1⤋
Unless you have a contract stating you get paid, he does not have to pay you. He is under the Family Medical Leave act to allow you time off without pay and hold your position. Thats all.
2007-10-17 16:41:12 · answer #3 · answered by sensible_man 7 · 0⤊ 2⤋
I don't think so. Heck, under the current law, FMLA and the Pregnency Law, and your current cuircumstances (less than a year with the company) he could let you go.
In order to be covered by FLMA, you have to be employed by your employer for 12 months.
2007-10-17 16:29:51 · answer #4 · answered by Anonymous · 1⤊ 1⤋
The Family Medical Leave Act is a federal law, it requires your employer to give you time off, and it requires them to hold your job for you, but does not require them to pay you.
2007-10-17 16:29:40 · answer #5 · answered by trooper3316 7 · 1⤊ 2⤋
Only in so much as you take it as paid vacation. What he can't do is fire you for being gone 6 weeks.
2007-10-17 16:28:48 · answer #6 · answered by Lavrenti Beria 6 · 1⤊ 2⤋