Quick Question - Maternity Leave

singahappysong · February 2013

I haven't done much research on maternity leave, because I'm almost positive my employer doesn't even qualify for it (there are like...3 employees lol). And, if we can afford it, I don't plan on going back.

Well...my friend just told me that I should look into the state laws anyways and see if I can get it...even if I don't plan on returning.

This just seems....tacky...to me. And I didn't think it was possible if your employer didn't "fund" it or qualify or whatever.

So...what do you think? It sounds tacky to me, but in her mind it's completely normal and I "deserve it" (I hate that statement personally, but just sharing what she said lol)

GingerBabyTX · February 2013

Seems unethical to me.

And if your employer doesn't offer it (mine doesn't -- I have to use all of my accrued sick and vacation leave first), you can probably at the LEAST file for FMLA so your job is protected while you're on leave.

theblyaneys · February 2013

Your employer does not have to PAY for your leave. The Law discusses FMLA which states that your employer must give you at the most 12 weeks off of work to recover from baby and they can't fill your current position with another employee. This protects mothers from getting fired just because they had a kid. After the 12 weeks the employer is welcome to post your position and fill it with a new employee if you do not return.

singahappysong · February 2013

GingerBabyTX:
Seems unethical to me.
And if your employer doesn't offer it (mine doesn't -- I have to use all of my accrued sick and vacation leave first), you can probably at the LEAST file for FMLA so your job is protected while you're on leave.

Ahh, thank you. I am glad I'm not the only one who thinks its wrong! lol

As for FMLA, my uncle is my boss, so if I ever needed a job he'd give it to me at the drop of a dime. For some reason all the other people he hires suck and I'm actually good at my job (not to brag, but the rest of these people are idiots...)

flerlgirl · February 2013

I think it's dishonest and kiiiiiind of makes the person doing it a douche. Not that you are a douche. I like you. But, yes, it seems tacky to me. No shame in not going back if you don't want to but if you leave knowing you won't return it's the same as stealing IMO.

Again, to clarify... I don't think you're a douche.

singahappysong · February 2013

theblyaneys:
Your employer does not have to PAY for your leave.

This I know, but they have to have a certain number of employers to fall under certain rules of maternity leave...right? (at least in CA, that's what I've heard.)

btsrc5 · February 2013

singahappysong:

theblyaneys:
Your employer does not have to PAY for your leave.

This I know, but they have to have a certain number of employers to fall under certain rules of maternity leave...right? (at least in CA, that's what I've heard.)

you have to have a min number of employees for FMLA. (I think it is 50 but I could be wrong)

singahappysong · February 2013

flerlgirl:
I think it's dishonest and kiiiiiind of makes the person doing it a douche. Not that you are a douche. I like you. But, yes, it seems tacky to me. No shame in not going back if you don't want to but if you leave knowing you won't return it's the same as stealing IMO.
Again, to clarify... I don't think you're a douche.

I CAN'T BELIEVE YOU'D CALL ME A DOUCHE!!!

Just kidding =D I know what you mean =D

It is stealing! I wonder how my closest friends justify stuff like this....its really sad. And of course, since they are my FRIENDS, I take what they say to heart and start questioning what I think. I should not!

Thanks for setting me right guys!

RissNRuss · February 2013

I also work for a smallllllll company (3 full time, 2 part time). I will be going back (at least I want to.... we'll see), but I think all I'll get is state STD. When we're this small, we're not protected by FMLA. Hopefully Hubby's fancy new raise he got yesterday will help with my lost wages.... every little bit helps.

I think it's fine to take if you're returning to work, but shadddddy if you're not.

Ballet513 · February 2013

flerlgirl:
I think it's dishonest and kiiiiiind of makes the person doing it a douche. Not that you are a douche. I like you. But, yes, it seems tacky to me. No shame in not going back if you don't want to but if you leave knowing you won't return it's the same as stealing IMO.
Again, to clarify... I don't think you're a douche.

I can't believe you think she's a douche!

Since your employer is you uncle I definitely wouldn't do anything that seems tacky/wrong to you. Do you qualify for state disability? I know zero about SD/mat leave etc but maybe you could look into it.

singahappysong · February 2013

RissNRuss:
I also work for a smallllllll company (3 full time, 2 part time). I will be going back (at least I want to.... we'll see), but I think all I'll get is state STD. When we're this small, we're not protected by FMLA. Hopefully Hubby's fancy new raise he got yesterday will help with my lost wages.... every little bit helps.
I think it's fine to take if you're returning to work, but shadddddy if you're not.

EEK! Congrats Riss!! Raises are the BEST. That's really good news ::puts party hat on::

kriskell · February 2013

singahappysong:
theblyaneys:
Your employer does not have to PAY for your leave.
This I know, but they have to have a certain number of employers to fall under certain rules of maternity leave...right? (at least in CA, that's what I've heard.)

If you live in CA you are entitled to disability (6 weeks after vaginal delivery and 8 months after c-section) but I you're correct that you and/or your employer have to pay into that somehow and they're exempt if they have only a few employees.

But also, you can receive Paid Family Leave to bond with the baby (6 weeks). I'm not sure if the same rules apply to this (but probably they do, since it falls under the SDI). You might want to look into it. It's paid by the state at 55-60% of your regular income and can be used any time in the baby's first year.

https://www.edd.ca.gov/Disability/PFL_Eligibility.htm

Good luck!!

ilovemarfa · February 2013

I worked for the federal government and federal workers do not get paid for
Maternity leave unless you decide to use your accrued sick and annual leave for it. I was pretty sure that I wasn't going to return to work so I told them that I wanted to use my 12 weeks of FMLA and get paid by using my sick an annual leave. Since it was my own leave that I earned I didn't feel bad using it but I would feel bad making my employer pay if I knew that I wasn't going to return.

mgoodwyn · February 2013

I actually have a slightly different perspective on this- not that you should steal from your employer if you are 100% sure you aren't returning or anything. BUT- I would be sure that you file for FMLA and use whatever benefits you have earned through your employer (as to what those benefits are, I can't advise). I only say this because who knows what will happen in the months you take off after you have the baby? What would happen if (god forbid) your SO's employment situation changes and you needed to return to work? Or what if you decide that staying home is not for you, and then you want to go back? If you did decide to return and then didn't collect on something you were owed, that would suck.

Just my thoughts, FWIW.

AutumnOracle · February 2013

I think in some states they do have laws that require pay during maternity leave. Although in those states I think the state itself might pay if your employer doesn't qualify. Moot point for me since it's not required here, my employer offers FMLA with some paid by Short Term Disability and the rest unpaid. No requirement to take it all.

handsonthewheel · February 2013

I think it all depends on where you live and what the laws are. In the country where I currently live, women get 12 months maternity leave and 39 weeks of that is paid (the government funds/subsidizes the paid leave). It's a law that all women receive that pay regardless of whether or not they intend to return to work, so even if you tell your workplace before your leave starts that you won't be returning, you receive the pay regardless. I wouldn't consider a situation like that stealing at all--it's something everyone is entitled to.

RissNRuss · February 2013

singahappysong:

EEK! Congrats Riss!! Raises are the BEST. That's really good news ::puts party hat on::

Thanks, we're super excited. PLUS they want to send him to some extra classes for preservation and to become a special inspector (not dirty!) until he can officially become licensed which just means, paid training and resume boosting. I'm thinking it's time for something special ... a night out or a cool gift!

MeganF722 · February 2013

I agree with PP, it's not right to try to get your employer to pay for something when you know you are not going back, even more so if he is your uncle.. My work offers a small amount of STD per week and starting this year you can buy into more STD. I am excited I will be earning almost what I make in a week now.

JenGrl8503 · February 2013

99 percent of companies that do pay either a maternity leave benefit or shirt term disability will require you to pay them back if you claim the benefit then do not return to work. The same also applies to medical/dental benefits...if the company is your benefit coverage and you choose not to return after your leave then can legally change your termination date to the last day you worked and therefore deny all claims from the birth on...or require you to reimburse them for the cost of the benefits...meaning both your portion of the premiums and theirs. Just an FYI

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