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Shelly
She's 7!!!
Member since 8/05 14624 total posts
Name:
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HR People- Maternity leave question
I have recently learned that my office has no set maternity policy. They don't know I'm pregnant yet. I am aware of the 6 week NYS disablity and the Family Medical Leave Act- which since we only have 20 employees it does not cover.
My question is that if I want to take 3 months off, unpaid, can they fire me for this? Or do I have to go to whatever limit they set for me? I know it may be 4 weeks paid, but what about unpaid?
Thanks.
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Posted 11/4/05 4:10 PM  |
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lilacwine
only love...
Member since 5/05 2034 total posts
Name:
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Re: HR People- Maternity leave question
Does the company have policies for other types of leaves, such as a personal leave? Generally, if a company has a written policy, it tends to follow the policy. Without a policy, you can request whatever you want and it's up to them to approve or deny your request.
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| Posted 11/4/05 4:51 PM |
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Sweets13
Bella Bambini
Member since 5/05 9300 total posts
Name:
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Re: HR People- Maternity leave question
If your company doesnt have a maternity policy, then your only entitled to be out of work during the disability period (6 weeks regular delivery or 8 weeks c-section). Once your disability claim ends you will be due to return to work. Because the company doesnt have a written policy and your company doesnt qualify for FMLA, they dont have to hold your position if you dont return to work at the end of your diasbility period.
I would speak with your boss and maybe make some sort of an arrangement.
Good Luck
Message edited 11/4/2005 6:01:37 PM.
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| Posted 11/4/05 6:01 PM |
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CathyB
Member since 5/05 19403 total posts
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Re: HR People- Maternity leave question
I'm not in HR, but when I went out on maternity leave I was with the company 11 months, which excluded me from FMLA. HR terminated my employment, but my manager and senior management told me they'd hold the job open for me for 3 months. But I would have needed to reapply, interview again, etc. I decided to stay home so once I started to get disability pay I told them I wasn't returning.
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| Posted 11/4/05 7:14 PM |
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chris
LIF Adult
Member since 10/05 1042 total posts
Name:
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Re: HR People- Maternity leave question
once your disability leave ends can you continue being out on maternity with sicks days?
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| Posted 11/4/05 11:24 PM |
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lullabella
LIF Adult
Member since 5/05 2246 total posts
Name:
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Re: HR People- Maternity leave question
If your employer is not required to give you FMLA - then by law you are only entitled to 6 weeks disability or 8 if you have a c section.
Just because they are not required too does not mean they won't give you an additional 6 weeks unpaid leave (FLMA is unpaid - most companies require employees to use their sick and vacation time though).
Right now you are just what iffing..... you should really talk to them, perhaps propose some kind of work from home arrangement. Bottom line if they want to keep you employed they will work with you.
Good luck.
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| Posted 11/5/05 12:57 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
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Re: HR People- Maternity leave question
Posted by sarahsmommy
I'm not in HR, but when I went out on maternity leave I was with the company 11 months, which excluded me from FMLA. HR terminated my employment, but my manager and senior management told me they'd hold the job open for me for 3 months. But I would have needed to reapply, interview again, etc. I decided to stay home so once I started to get disability pay I told them I wasn't returning.
The main reason for this is so they have an consistent policy across the board - and it saves them from having to pay your health insurance (if you were using it).
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| Posted 11/5/05 8:58 AM |
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Shelly
She's 7!!!
Member since 8/05 14624 total posts
Name:
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Re: HR People- Maternity leave question
Posted by lullabella
If your employer is not required to give you FMLA - then by law you are only entitled to 6 weeks disability or 8 if you have a c section.
Just because they are not required too does not mean they won't give you an additional 6 weeks unpaid leave (FLMA is unpaid - most companies require employees to use their sick and vacation time though).
Right now you are just what iffing..... you should really talk to them, perhaps propose some kind of work from home arrangement. Bottom line if they want to keep you employed they will work with you.
Good luck.
I know- I really want to. MY boss hasn't been in the office in a few weeks and I really don't want to tell him over the phone. The only opportunity I had to tell him was right before a big meeting- and I didn't want to do it then. After the meeting- he left and went back to the main office, in CT. But if he doesn't come soon- I am going to have to tell him over the phone, which I don't want to do.
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| Posted 11/5/05 9:25 AM |
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