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Federal laws for getting maternity leave?

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JBooth
LIF Infant

Member since 8/08

306 total posts

Name:
Jenn

Federal laws for getting maternity leave?

I have heard that you have to be working somewhere one year in order to get maternity leave. I know all companies have different rules about how much time you have, if that time is paid or not and how it's paid (if you have to save up your sick / vacation time, etc) .. can someone explain to me the federal laws about what needs to be required??

I just started a new job but will most likely be moving to another state soon. Do I have to had worked a full year at a job before going out on maternity leave in order for the co. to be required to have a place for me when I come back? What's the amount of time a co. is required to give you? What do you get in disability pay?

Just trying to figure some stuff out because DH and I hope to be able to start TTC late this year / early next.

TIA!

Posted 4/29/09 3:29 PM
 
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maybeamommy
Blessed beyond belief

Member since 10/07

17048 total posts

Name:

Re: Federal laws for getting maternity leave?

FMLA is what you're looking for I think.

FMLA applies to all public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.

To be eligible for FMLA benefits, an employee must:
• work for a covered employer;
• have worked for the employer for a total of 12 months;
• have worked at least 1,250 hours over the previous 12 months; and
• work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
• for the birth and care of a newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for a spouse, son, daughter, or parent with a serious health condition;
• to take medical leave when the employee is unable to work because of a serious health condition; or
• for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.

Posted 4/29/09 4:07 PM
 

maybeamommy
Blessed beyond belief

Member since 10/07

17048 total posts

Name:

Re: Federal laws for getting maternity leave?

Here's a good FMLA fact sheet

Posted 4/29/09 4:08 PM
 

JBooth
LIF Infant

Member since 8/08

306 total posts

Name:
Jenn

Re: Federal laws for getting maternity leave?

Thanks.

2 more questions for anyone who might know the answers:

1 - does the following mean that if I move and keep m,y job but work from home, and there are not 50 employees within a 75 mile radius, the co's not required to give FMLA?

work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

2 - I suppose there are companies that will give FMLA even if you don't meet all the requirements? Can co's choose to give you FMLA if you didn't work 12 months, or work from home far from the rest of the employees?

Posted 4/29/09 4:11 PM
 
 

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