Bees who do not qualify for FMLA? Small company

posted 2 years ago in Pregnancy
Post # 2
Member
3635 posts
Sugar bee
  • Wedding: May 2012

I work for a small office and don’t qualify for FMLA (there are almost 50 people countrywide, but only 25 or so here).  My employer does have a leave policy so I don’t think I’ll have a problem getting time off.  We have STD, so I hope that pays for a few weeks of leave.  

We do have an office in California where pregnancy leave is required for almost everyone, and I think they’ve just adapted that policy for our location also.

I’ll find out soon enough, I guess, I’m 11 weeks now.  I don’t plan to talk to them about it for a few more weeks though.  

Oh, also.  My parents own a small business and have had several employees have children while working for them.  It’s not technically legal, but they would just lay them off for a number of weeks so they could collect unemployment instead of the disability they didn’t have.  

  • This reply was modified 2 years ago by  .
Post # 3
Member
1892 posts
Buzzing bee
  • Wedding: May 2013

I was under the understanding that they only have to offer the minimum of 6 weeks unpaid(unless you have vacation/sick time) and hold your job for you. Anything over the 6 weeks isn’t a guarantee that they will hold the spot for you. 

Post # 4
Member
98 posts
Worker bee
  • Wedding: October 2013

Have you looked into your state laws? I know that my state has its own Family and Medical Leave Act that includes more employers that may be exempt from the federal FMLA laws (15 employee requirement rather than 50). Also, in some states, you may be eligible to collect unemployment if your employer doesn’t allow you to return to your job. There may be other specific maternity leave laws in your state, so definitely look them up. 

Post # 5
Member
3531 posts
Sugar bee

Kwhoa:   I was under the same impression as graygodess20: .  I took unpaid maternity leave and didn’t qualify for FMLA this past January.  I had job security for up to 6 weeks (as the doctor’s restricted me from working until then) and after that they could re-evaluate.

Post # 6
Member
1892 posts
Buzzing bee
  • Wedding: May 2013

isn’t fmla there for if you wanted to have the option of taking up to an additional 6 weeks off unpaid, with job security… If your place of employment has 50+ employees?

Post # 7
Member
1891 posts
Buzzing bee
  • Wedding: September 2014

I am curious about this, too. I work for a company that is based in another state, so I am super confused. I don’t know if their secondary option for leave would include me because I am in a different state. I plan to leave prior to pregnancy if possible, though…

Post # 8
Member
187 posts
Blushing bee

I had a baby in January and work for a very small company, 3 people total. I took 8 weeks off and then did another 4 weeks working from home for a few hours a day. Then at 12 weeks I started coming in for 30 hours/week (I used to do 40) and did that for about another month. At that time I was also bringing my bay to work with me. I brought my baby to work until she was almost 7 months old. I just had to work out the details with my employer, I’ll be doing the same in April again since we’re due with baby #2. I should note that I didn’t take any vacation days during the year I was pregnant and then after I had the baby I took 5 of my 10 days days of vacation. It wasn’t something that we talked about but I would have felt bad taking all my vaca time on top of the time I took off for maternity leave.

Post # 9
Member
171 posts
Blushing bee
  • Wedding: September 2012

akazan:  did you find it was posisble to work with your baby in your office. I am considering a similar situation but I have never had kids and wonder how productive I wil be while also looking after a baby. Did you work 8 hour days with baby? DH is concerned that 8 hours will be too long for baby to either be at day care or in my office so I am interested to hear how you mad e it work.

Post # 11
Member
3531 posts
Sugar bee

Kwhoa:  I honestly couldn’t answer that.  I’m not sure if each company is different.  The company I work with had I not been in my probation period I would have qualified for FMLA and gotten 6 weeks paid maternity leave.  

Post # 12
Member
1892 posts
Buzzing bee
  • Wedding: May 2013

Kwhoa:  your gonna have to look into your state laws. In PA, you have job security for 6 weeks, and if you qualify for FMLA(enough employees and been with the company for a year or longer) then you are entitled to an additional 6 weeks.

Post # 15
Member
1446 posts
Bumble bee
  • Wedding: September 2013

Definitely check out state laws.  I am in Massachusetts and there’s a MA maternity leave law that grants 8 weeks of job protected, unpaid leave.

Just a word of caution about short term disability…. in many states it’s very difficult (impossible) to get it unless it’s through your employer.  Not sure about NY, but in MA the answer was just no, and I did pretty extensive research.

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