maternity leave questions

How long does a company have to hold your job for? Does it vary by company or is there a standard NY state law.
Where can I find this information out?



ETA - I work for a rather small company and we dont have FMLA.

Message edited 5/25/2007 1:12:28 PM.

Re: maternity leave questions

under FMLA I believe it's 12 weeks that your company must hold your job, though FMLA only pertains to companies of a certain size and larger, I am not sure of that size

Re: maternity leave questions

Our company has a 6 month policy.

Re: maternity leave questions

Thanks, I know we dont have FMLA here. There are only about 20 people here.

Re: maternity leave questions

I don't believe there is any standard if you aren't eligible for FMLA - I think it is up to the company to decide what or what they do not offer.

Re: maternity leave questions

I think your company has to have at least 50 people or more in order to hold your job for you.

I found this website for you. Hope it helps..

FMLA

Message edited 5/25/2007 1:33:15 PM.

Re: maternity leave questions

we have a year, they are all different...check your handbook or with your HR person

Re: maternity leave questions

Check with your HR dept or whoever is in charge of working on your days off.

Re: maternity leave questions

Message edited 5/25/2007 2:57:22 PM.

Re: maternity leave questions

Re: maternity leave questions

[same here. I believe I'm just entitled to NYS disability which I think is $170/week for 12 weeks (not sure if its 12 weeks or less). When I spoke to my boss he said I'm always welcome here so my job should be fine even if I leave for a long time.



The disability period after delivery is actually only 6 weeks (vaginal) or 8 weeks (c-section), so NYS will only pay the $170/wk and/or if you have Short Term DBL in addition, for that period of time....

The 12 weeks is FMLA, which is just the period of job protection and there has to be 50 or more employees for the company to be subject to the law....so less than 50 ppl, you would have to speak with your HR person or Manager to find out how much time they will permit... but, the NYS payment for disability will be as stated above!!

Re: maternity leave questions

Re: maternity leave questions

The standard is 6 wks (vaginal) and 8 wks (c-section)

Even with a small company, your company could have a private company for STD (which mean they would pay you more than the standard NYS rate), they could also plans for PG employees. Leave of absence, etc... They could be paid or not.

Check with your HR and see what the policy is and what options you have.

Re: maternity leave questions

I would have gotten 6 weeks b/c I had a vaginal delivery. I was also allowed to use my sick and vacation time that had accurred in the 3 years I had been at my job. I had about 32 days. On the 31st day, I was fired.

I get unemployment now, but I fell into the same category of working for a small company and not being eligible for FMLA.

Re: maternity leave questions

If you don't qualify for FMLA, your job is not protected at all. FMLA is the only thing that protects your job. There are no laws that protect your job while you're out on disability. However, your company handbook may provide you some protections. Also, your company can't discriminate against you b/c of your pregnancy. If the company has allowed injured employees or those with medical conditions to go out on leave and has held their jobs, the company must treat you similarly.

Re: maternity leave questions

Check with your company. The thing is, you are legally disabled for 6 weeks (8 with c-section) so you wouldn't be able to work anyway. Being ineligible for FMLA obviously makes this tougher, but talk with them and find out what they think, practice and expect in these situations.

I am technically not eligible for FMLA as I haven't worked at my company long enough, but they are family friendly and told me I could take up to 12 weeks when I informed them I would only do 6-8. I would take the 12, but then I might not go back! Information and communication is key...you have to ask and know for sure!

Re: maternity leave questions

I do not get FMLA...So I was covered under NYS disability only. I started it in Jan. .....It will end July 15th ( about 4 weeks after my delivery).....( Its 26 weeks per yr).....If I dont go back to work within that 4 weeks , they do not have to hold my job.....