LoveToKnow Pregnancy:AllComments

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Diana, are you a full-time employee at a company that employs more than 50 people? If not, your boss isn't really required to hold your job or promise you the same hours when you return. You will likely need to work out an agreement with your boss based on your situation, but I don't think that she's required to give you the same hours.

-- Contributed by: HollySwanson

I am a waitress in Maine. I am having a baby in 6 weeks. Because of complications I had to leave work this week and am planning on returning 2 weeks after the baby is born for a total of 8 weeks off. Does my boss have to give me back the same hours? I know she is not firing me but she has hired someone to work my shifts and I am afraid when I go back I will be put of different days and make less money. Thanks

-- Contributed by: Diana

Paula,

maternity leave laws vary greatly based on the state and size of the company your niece works out. Maternity leave usually guarantees that a woman can take time off from her job, but it does not assure that she will be paid during that time. She should get a copy of the employee handbook or contact her local employment agency for more information about what she qualifies for.

-- Contributed by: HollySwanson

my niece just had a baby her job told her she cant get maternity leave disability is this true. her husband lost his job she needs the money. one paycheck dont do it. please let me know so i can help her out.

-- Contributed by: paula majewski

Sarah, FMLA is a federal law that covers that whole country while paid family leave is offered through the state. Again, you will need to talk to your HR or local employment office to find out exactly what you qualify for.

You might only be able to take the two weeks before the baby is born if you have a medical reason for doing so. Your doctor might be able to help you with that. In many cases, women will use their banked vacation days for time off before the baby is born.

-- Contributed by: HollySwanson

thank you holly your answer is very helpful for me... well i have one or two more questions if you can please help me on them...

1. What about FMLA and PFL (paid family leave), how do they differ? 2. Is it possible or okay if I take two weeks(prior to due date) of maternity leave and then take paid family leave(however weeks available or covered) as bonding w/ child?

-- Contributed by: sarah

Sarah,

maternity leave varies greatly by company and state, so you will need to bring this up with your HR office, especially since your company isn't required to offer you leave. Maternity leave falls under FMLA, so you don't usually take leave then FMLA.

Since you and your fianc©e work for different companies, your leaves won't affect one another, so you should both be able to take time off at the same time. As for a return date, a 12 week leave would probably end on the same day of the week it began. If your leave began on a Monday, it would end on the Monday that falls 12 weeks later. If you have vacation days, you might be able to use them to take some extra days if needed but, again, this is very dependent on what your employer offers.

-- Contributed by: HollySwanson

i am pregnant and working at a company with less than 50 employees, but my employer seems to be fine with me taking 3 mos off and my fiance works @ a company w/ more than 50 employess. i have 3 questions:

1)i'm wondering if maternity leave and fmla leave is the same or do they differ? 2) if it isn't exactly the same; when baby is born, would it be possible for me to take maternity leave for 12 wks while fiance takes fmla(child bonding) @ the same time for 12 weeks/3 mos...? 3) i know it's 12 wks or 3 mos. so if i go on leave on Sept. 7, does my leave end exactly 12 wks later (counting by wks/7days a week) which would be Nov. 30 and return to work on Dec. 1 or does it end @ the end of that week which is on Nov. 5th or 6th and return to work on Nov 7th?

-- Contributed by: sarah

Kayla, the laws regarding Maternity Leave are complicated and vary in each state and even within different companies, but I believe the time you take off now is part of the 12 weeks. So after the birth of your baby, you will have about 8 weeks left. I could be wrong, so check with your human resource office to be sure.

In many case, you can also use any acculumated time off, so if you had two weeks of time off coming anyway, you can use that to extend your leave if your company allows.

-- Contributed by: HollySwanson

I am pregnant and my due date is in 3 days (Februaury 28th, 2009). I live in Rhode Island and my doctor took me out of work on January 24th, 2009. Seeming that I am medically unable to work due to the pregnancy, do I still have 12 weeks from the day the baby is born, or is the time that I have been out already used toward my 12 weeks?

-- Contributed by: Kayla

Jennifer, basically, I don't know. I believe you can go back to work early from your maternity leave. I don't see any reason why they wouldn't take you back early unless they've hired a temporary replacement. Being pregnant again shouldn't have any bearing on whether or not they let you come back early, assuming that you can do the job and don't have any limitations. Your human resource office is the best place to ask.

-- Contributed by: HollySwanson

I am not due to go back to work until october of 2009 but I just found out that i am pregnant and I have decided I would go back to work In march and work until i was due again,does my Employer have to take me back or can they say no because i am pregnant again?

-- Contributed by: Jennifer

Mel, no, it's not okay. As long as you are able to keep fulfilling your duties and you haven't indicated to them that you want to change your position, they can't do this based on your pregnancy. Unfortunately, a company could say that you aren't meeting their expectations and it's pretty much just a matter of opinion. If you have do...entation of the way you've been treated, contact an employment law attorney in your area.

-- Contributed by: HollySwanson

I had been with My company for 15 years and they took my supervisor postion away while I was on maternity leave my office manager told me that my priorities have changed. They also were harrasing me throughout my maternity leave. Is this Ok?

-- Contributed by: mel

Lacey, with proper medical do...entation, I don't think this is legal. However, you should talk to a laywer who specializes in employment issues and FMLA. Your state employment department may also be able to provide you with more information.

-- Contributed by: HollySwanson

I was put off of work by my doctor on November 10, 2007 due to a complicated pregnancy and my baby was born February 22nd, 2007. I had been with the company for 5 years and they terminated me while I was out on my medical leave. Is this legal?

-- Contributed by: Lacey

John, FMLA only applies to companies that employ 50 or more employees. Most employers will allow unpaid time off for leave, meaning that an employee will not be fired for taking extended time off. Others might offer other benefits, but it's at their discretion.

-- Contributed by: HollySwanson

Are there any laws for employers with less than 50 employees?

-- Contributed by: john

Kaianna, that's going to be at the discretion of your employer. By law, your employer does not have to give you any maternity leave until you have been with them for 12 months, so you probably do not qualify for any. However, your employer may offer leave or other benefits as a courtesy to its employees. You will need to discuss with your human resource office.

-- Contributed by: HollySwanson

I started at my job in April and am due in February. Do I qualify for any benefits?

-- Contributed by: Kaianna

Anna,

since you don't qualify for maternity leave under FMLA, you will need to talk with your employer about taking the time off as personal time. Do you have any vacation days you can use? If not, you'll have to take the time without pay. Hopefully your boss will be understanding and is willing to accomodate, but he's not under any obligation to hold your job for you, unless there is a state law or company rule that goes above what FMLA covers.

-- Contributed by: HollySwanson

hi i am due may and ive only been at my job since jan. and i only need about 2 weeks off so how do i go about keeping my job. thanks

-- Contributed by: Anna

Heidi,

she'll need to take it up with her human resources office and maybe her local department of labor. Maternity leave varies greatly based on the state and company she works for...it even makes a difference how large her company is. Hopefully she will be able to get the time off she needs.

-- Contributed by: HollySwanson

My friend is pregnant and has a high risk pregnancy. The doctors want to put her on bed rest at 13 weeks. She is worried about her job. Can she take an extended maternity leave with doctor orders.? Will she be able to come back to work with no problems?

-- Contributed by: Heidi

Hi Amy, I don't know of any insurance that can help with income, but your county may be able to provide some social services that can help with your medical costs and things like food and heating. Try your local welfare office or a women's center for more information.

-- Contributed by: HollySwanson

Are there any insurances that will cover lost income during maternity leave, such as disability insurance? What can I do to ensure some money comes in? Thank you.

-- Contributed by: Amy

Hi Kathleen, if the women you replaced went on approved maternity leave, they are guaranteed their old jobs back when they return. But, you should have been told that your position was temporary when you were hired. In fact, I would think it should have been written in your job offer.

Speak with your Human Resources manager about the situation and explain that you were not aware you were filling in for someone else. Maybe they can work with you to keep your position. Good luck.

-- Contributed by: HollySwanson

i am a manager, and was given this position becouse of two girls going on maternity leave at the same time, but now am being told I'll have to step down so the other girl can be manager when she gets back,, i was not told this when given the job, the pay and hours will both be cut to fit her back on the scedual is this legal????

-- Contributed by: kathleen
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