1st Trimester

What is the law on Maternity Leave?

I have not told my boss that I am pregnant yet, I'm waiting till around the end of my first trimester. I work for a small family owned natural foods store and I read through our employee handbook and there was no mention of maternity leave, just that vacations would be handled on a case by case basis. (I am the only employee out of 10 who has a child! It can be very frusterating, they are all very opinionated about how to raise children yet none of them have their own child to raise...but that is another post for another time )

Does any one know if employers have to allow maternity leave?

Re: What is the law on Maternity Leave?

  • well, what country do you live in?
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  • I don't think anyone without a written policy in place has to allow maternity leave but they should have to allow your short term disability leave, which is typically 6 weeks for vaginal birth or 8 weeks for c section.
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  • Assuming that you live in the United States, you are protected under the Family Medical Leave Act.  FMLA guarantees you up to twelve weeks of unpaid leave in any twelve month period for certain medical reasons including the birth (or adoption) of a child.  So, even if your company does not have a specific policy, they must hold your job for up to twelve weeks.

    http://www.dol.gov/whd/fmla/
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  • Unfortunately (unless I'm reading this wrong or this info is outdated) you may NOT be covered under FMLA since your company has less than 50 employees.

    And you have to have worked there for more than 12 months

    http://employment.findlaw.com/family-medical-leave/rights-and-responsibilities-under-the-fmla.html


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  • image watermellens:

    Unfortunately (unless I'm reading this wrong or this info is outdated) you may NOT be covered under FMLA since your company has less than 50 employees.

    And you have to have worked there for more than 12 months

    http://employment.findlaw.com/family-medical-leave/rights-and-responsibilities-under-the-fmla.html

     

    I was looking for those requirements and could not find them.  Plus, it was really early.  Silly baby makes me have to pee every morning between 4:30 and 5:00 and silly mind does not let me go back to sleep.  

     Thanks for finding those qualifications!.  

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  • image WhitWhit1011:
    Assuming that you live in the United States, you are protected under the Family Medical Leave Act.nbsp; FMLA guarantees you up to twelve weeks of unpaid leave in any twelve month period for certain medical reasons including the birth or adoption of a child.nbsp; So, even if your company does not have a specific policy, they must hold your job for up to twelve weeks.http://www.dol.gov/whd/fmla/

    No they don't. Her company doesn't have enough employees to have to provide fmla coverage.
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  • There are only 10 employees where you work?  Unfortunately you will not qualify for any FMLA (job protection law).  You will have to negotiate your time off w/ your employer.  As far as STD is concerned, if you pay into it (check your paystub) then you will qualify for some $$ while you are disabled.  Your company doesn't have to allow maternity leave but if you are a good employee them I'm sure they will give you something if they want you to return.

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  • Ok and update...Yes I live/work in the United States (Montana). Yes it is a small company with about ten employees (not including the 4 family members who own the business). I have worked there for over a year, and my family has been shopping there since before I was born so I am sure they will hold a job for me. I dont want to work alot after baby #2 anyways so I dont care if they hold my position, I just want a job for the discount and the socialization with adults!

    Thanks everyone for the info. I will know for sure after when I announce my pregnancy next week with gluten-free dairy-free vegan cupcakes with pink and blue frosting! (Its hard to bring in treats that everyone can eat at my work...lol!)

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