Maternity Leave

Yellow Ledbelly

A friend called me earlier because one of her co-worker is pregnant and the boss told her today that she would not be allowed 12 weeks leave, which was her impression of what she is allowed. I checked it out and apparently that is so, as the FMLA provides for 12 weeks for companies with 50 or more employees with at least 50 working within a 75-mile radius of the worksite.
My friend and the other girl are currently the only two full-time employees at this place -- an optometrist's office -- but a third will be starting next week. Boss's maw-in-law helps out some. He actually told her he could replace her during her time off as well although he assured her that wouldn't happen. Still, I find it hard to believe that any law would allow that no matter the size of the company,
So, the question is to those more up-to-speed than I, how much time is he required by law to give her?

Stone Is God

I believe you can take 6 weeks but the company is not required to pay you. The only thing they have to do is hold your job. Every company is different though.

_

Are you asking whether he's required to follow FMLA guidelines since his company has less than 50 employees? Or are you asking what alternative guidelines he has to follow if he doesn't have to follow FMLA? Or something else? :?

Yellow Ledbelly

Obviously he is not required to follow the FMLA, so my question is what is he required to do by law in regard to maternity leave for her

_

Yellow Ledbelly wrote:

Obviously he is not required to follow the FMLA, so my question is what is he required to do by law in regard to maternity leave for her

Personally, I haven't heard of any other national legal requirements besides the FMLA. What state?

_Crazy_Mary_

In California, maternity leave revolves around disability. Can a person be fired when they are on disability? I don't think so. Disablity gives a mother paid leave 4 weeks before and 6 weeks after delivery. C-section grants a mother even more time. And when that disability is up, the mother may make a request for 6 more weeks.

blackredyellow

Yeah, there might be a state law, but there isn't a federal law that I know of to protect her job (if FMLA doesn't cover the company).

Heatherj43

_Crazy_Mary_ wrote:

In California, maternity leave revolves around disability. Can a person be fired when they are on disability? I don't think so. Disablity gives a mother paid leave 4 weeks before and 6 weeks after delivery. C-section grants a mother even more time. And when that disability is up, the mother may make a request for 6 more weeks.

What disability are you talking about? In small companies, they don't make you pay for disability, therefore you don't have any.
The Fed. gov. doesn't pay either for less than a year off work and you don't get the first 6 months and usually have to battle in court to get it, if you get it at all. Most people wait 2 years or better to get Fed. disability. Many never get it. Some states have a disability program that you sign up for via the welfare office.
I am guessing U are talking about California state disability.

_Crazy_Mary_

Heatherj43 wrote:

_Crazy_Mary_ wrote:

In California, maternity leave revolves around disability. Can a person be fired when they are on disability? I don't think so. Disablity gives a mother paid leave 4 weeks before and 6 weeks after delivery. C-section grants a mother even more time. And when that disability is up, the mother may make a request for 6 more weeks.

What disability are you talking about? In small companies, they don't make you pay for disability, therefore you don't have any.
The Fed. gov. doesn't pay either for less than a year off work and you don't get the first 6 months and usually have to battle in court to get it, if you get it at all. Most people wait 2 years or better to get Fed. disability. Many never get it. Some states have a disability program that you sign up for via the welfare office.
I am guessing U are talking about California state disability.

right. California. It comes out of our paycheck in taxes.

Mudfest

In canada you get one year..and the government pays you as long as you have had a job in the past.......Also the company has to give you your job back.

I feel bad that the american government doesnt take care of its people.
T

PJGARDEN

Companies of any size aren't required to pay you while you are out. They can't fire you for going on maternity leave. They have to have a job for you when you get back. It does't have to be the position you were holding before just a job. Not sure as to the size of the company this applies to.

Honestly, especially for a small company, I can see why they would have to replace someone. If you are in an office that small, resources are probably stretched to the max and they probably can't afford to have someone out for 12 weeks.