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mnmsoinlove
Mommy to 2 sweet girls!
Member since 3/09 8585 total posts
Name:
Melissa
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Maternity leave laws
Asking this for a friend. She works at for a company who offers no maternity leave. She only gets 3 sick days a year no personal leave. They only have 23 employees. Is she entitled to any time off when she has the baby. She will be putting the baby into daycare which cannot accept the baby until it's 6 weeks. Can she get disability or unemployment? Even if she doesn't get paid by the company do they have to hold her job?
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Posted 7/31/16 6:49 AM  |
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Chai77
Brighter days ahead
Member since 4/07 7364 total posts
Name:
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Re: Maternity leave laws
FMLA only applies when the company employs 50+ people, so she isn't entitled to that. She only gets 3 sick days a year and no personal time? Ouch. What about vacation time? If no, I honestly can't think of any suggestions other than talk to her employers about them approving a 6 week unpaid leave. That really stinks.
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| Posted 7/31/16 7:15 AM |
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mnmsoinlove
Mommy to 2 sweet girls!
Member since 3/09 8585 total posts
Name:
Melissa
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Re: Maternity leave laws
Posted by Chai77
FMLA only applies when the company employs 50+ people, so she isn't entitled to that. She only gets 3 sick days a year and no personal time? Ouch. What about vacation time? If no, I honestly can't think of any suggestions other than talk to her employers about them approving a 6 week unpaid leave. That really stinks.
No vacation and no personal. She has asked me not to say the company or profession but its a full time job that requires a degree. Its such a disgrace. Can she be fired if she takes unpaid time off to care for the baby?
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| Posted 7/31/16 7:24 AM |
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Chai77
Brighter days ahead
Member since 4/07 7364 total posts
Name:
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Re: Maternity leave laws
Posted by mnmsoinlove
Posted by Chai77
FMLA only applies when the company employs 50+ people, so she isn't entitled to that. She only gets 3 sick days a year and no personal time? Ouch. What about vacation time? If no, I honestly can't think of any suggestions other than talk to her employers about them approving a 6 week unpaid leave. That really stinks.
No vacation and no personal. She has asked me not to say the company or profession but its a full time job that requires a degree. Its such a disgrace. Can she be fired if she takes unpaid time off to care for the baby?
Wow. that is disgusting. And we call ourselves a civilized first world nation?
My guess is they could fire her. Could she speak with a labor lawyer maybe?
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| Posted 7/31/16 7:43 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Maternity leave laws
If the company has less than 50 employees FMLA doesn't apply. I am not sure why though. It's very backwards if you ask me.
In my case my company is large enough for FMLA but I didn't qualify either since I was there for less than 6 months.
I went out for 8 weeks...unpaid (I hadn't accumulated any sick or vacation time yet) but my job was safe.
But technically there was no LAW stating they couldn't fire me
Eta...I did get short term disability from the state. It was less than $200 a week. Useless
Message edited 7/31/2016 9:14:51 AM.
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| Posted 7/31/16 8:20 AM |
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RainyDay
LIF Adult
Member since 6/15 3999 total posts
Name:
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Maternity leave laws
I think the employer still needs to prove that you being out has caused them an undue hardship.
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| Posted 7/31/16 8:28 AM |
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Cacarina
Two girls!
Member since 12/09 2971 total posts
Name:
Cari
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Maternity leave laws
Short term disability is 6 weeks (or 8 if c section)
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| Posted 7/31/16 9:00 AM |
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mnmsoinlove
Mommy to 2 sweet girls!
Member since 3/09 8585 total posts
Name:
Melissa
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Re: Maternity leave laws
Posted by Cacarina
Short term disability is 6 weeks (or 8 if c section)
is every employee entitled to that? Or is that elective insurance?
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| Posted 7/31/16 9:29 AM |
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MrsB12614
LIF Adult
Member since 4/14 1986 total posts
Name:
Mrs
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Maternity leave laws
You apply through NYS for disability
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| Posted 7/31/16 9:43 AM |
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MsSissy
xoxoxo
Member since 3/07 39159 total posts
Name:
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Re: Maternity leave laws
Posted by mnmsoinlove
Posted by Cacarina
Short term disability is 6 weeks (or 8 if c section)
is every employee entitled to that? Or is that elective insurance?
I think every employee pays for this through a small deduction from their pay.
Here is a link
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| Posted 7/31/16 9:46 AM |
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RainyDay
LIF Adult
Member since 6/15 3999 total posts
Name:
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Re: Maternity leave laws
But correct me if I'm wrong..short term disability only provides payment but doesn't guarantee your job will be there when you come back
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| Posted 7/31/16 9:57 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Maternity leave laws
Posted by RainyDay
But correct me if I'm wrong..short term disability only provides payment but doesn't guarantee your job will be there when you come back
Correct. And it barely pays anything. You certainly can't live off of it
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| Posted 7/31/16 10:49 AM |
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Katareen
5,000 Posts!
Member since 4/10 7180 total posts
Name:
Katherine
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Re: Maternity leave laws
Posted by RainyDay
But correct me if I'm wrong..short term disability only provides payment but doesn't guarantee your job will be there when you come back
Yes, but unless they're looking to fire her anyway, it makes little sense to replace her if she'll be back in 6 weeks.
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| Posted 7/31/16 8:37 PM |
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MrsO
Big Brothers to Be
Member since 1/07 4521 total posts
Name:
Maureen
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Re: Maternity leave laws
Posted by RainyDay
But correct me if I'm wrong..short term disability only provides payment but doesn't guarantee your job will be there when you come back
I don't think they can fire you on disability but if she wants longer than the 6 or 8 weeks depending upon delivery her job would not be guaranteed.
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| Posted 8/1/16 10:03 AM |
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Eunyboo
<3
Member since 7/12 4376 total posts
Name:
E
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Re: Maternity leave laws
Ugh. That stinks. It IS changing, but not in time for her. :(
http://nymag.com/thecut/2016/03/new-york-revolutionary-family-leave-paid-time-off.html
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| Posted 8/1/16 10:42 AM |
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eroxgirl
My Loves
Member since 5/05 15697 total posts
Name:
Rebecca
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Maternity leave laws
Ugh, this turns my stomach. Like others have said, her job is not protected under FMLA. She can get short term disability. I got it for one of my pregnancies but not the other. I think they sent me 2 checks for $230 each... woohoo.
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| Posted 8/1/16 10:52 AM |
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tourist
Member since 5/05 10425 total posts
Name:
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Re: Maternity leave laws
I work for a company that is too small to have to follow FMLA & has no real maternity leave policy, but they haven't fired anyone who took maternity leave.
It is done on a case by case basis, but we do get vacation, so I think usually the new mothers get 3 weeks & then add on vacation or work from home.
So,yes, they could fire people, but they don't.
It depends on the company, I guess.
Has no one else had a baby since she has been there?
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| Posted 8/1/16 11:13 AM |
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mnmsoinlove
Mommy to 2 sweet girls!
Member since 3/09 8585 total posts
Name:
Melissa
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Re: Maternity leave laws
Posted by tourist
I work for a company that is too small to have to follow FMLA & has no real maternity leave policy, but they haven't fired anyone who took maternity leave.
It is done on a case by case basis, but we do get vacation, so I think usually the new mothers get 3 weeks & then add on vacation or work from home.
So,yes, they could fire people, but they don't.
It depends on the company, I guess.
Has no one else had a baby since she has been there?
No she is the first to have a baby at this company. That is why she is so scared. She really needs to keep her job. The owners live out of the country and its not like she has a personal relationship with them.
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| Posted 8/1/16 12:02 PM |
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angelicd77
LIF Adolescent
Member since 12/13 794 total posts
Name:
Kim
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Maternity leave laws
My job is less then 50 employees and I am getting STD when I go out. I have some sick and vaca time accumulated but not much. They are holding my job for me for the 6 weeks I will be out. Legally, unless she did something wrong, I dont think they can fire her just for having a baby. Medically you do need time off and thats what STD is for isn't it?
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| Posted 8/1/16 1:45 PM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Maternity leave laws
Posted by angelicd77
My job is less then 50 employees and I am getting STD when I go out. I have some sick and vaca time accumulated but not much. They are holding my job for me for the 6 weeks I will be out. Legally, unless she did something wrong, I dont think they can fire her just for having a baby. Medically you do need time off and thats what STD is for isn't it?
Everyone in the state is entitled to STD.
STD is not FMLA
FMLA guarantees your job (or a similar one) for the time you are out. You don't get paid anything via FMLA (you have to use your own sick, vacation and personal time) but they cannot eliminate your position.
FMLA only applies to companies with 50 or more employees and you have to be there for at least 6 months to qualify.
STD is state short term disability and pays you a minimal amount of money (less than $200 a week) while you are out. Some companies buy supplemental private short term disability policies for their employees, and you ,as an individual can buy it for yourself (Like AFLAC) but you can't buy it while pregnant. You have to have it in place 10 months before your baby is born.
And yes, it would be illegal to say we are firing you for having a baby, but it is not illegal for them to say, your position has been eliminated.
Under FMLA they cannot do that, but since FMLA does not apply, they can.
But if they would, that's another story.
Most companies probably wouldn't. But without FMLA they could with no recourse.
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| Posted 8/1/16 2:29 PM |
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