My employer doesn't have FMLA..

posted 2 years ago in Career
Post # 2
Member
213 posts
Helper bee

Just out of curiosity–how many employees does your firm have, and how far apart are the satellite offices?

Post # 3
Member
10219 posts
Sugar Beekeeper
  • Wedding: City, State

Perhaps the woman who is getting 12 weeks negotiated for that when she was taking the position. From what i’ve heard that’s something you can negotiate on.

 

Post # 4
Member
2593 posts
Sugar bee
  • Wedding: April 2017 - Valleybrook Country Club

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gwenchilada :  I would speak to HR or benefits coordinator to inquire about maternity leave and what your options are for future reference. If that is not possible, then look into if you would be eligible to go on disability for the other 6 weeks.

Post # 5
Member
3176 posts
Sugar bee

If your company doesn’t qualify for FMLA, then it’s up to the company, and they can apply leave however they see fit whether it’s considered fair or not. We hired someone who was pregnant. She was given 8 weeks for a c-section because she had been here for less than a year at the time and we are required as a state to offer the disability period. She got all 8 weeks paid for due to shared leave. Our director could’ve chosen to allow her an additional 4 weeks of unpaid leave, but she did not approve it. Again, totally up to our manager. Yes, some of us thought that was not fair because the poor girl had to come back at 8 weeks, but life isn’t fair. 

Post # 8
Member
213 posts
Helper bee

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gwenchilada :  If 50 of those employees are within 75 miles of each other, they have to offer leave.  If not, unfortunately they can do whatever they want.  One thing you can do is file a DOL complaint if they are not uniform in thier leave decisions when it comes to maternity leave, as it can be construed as sex discrimination.

 

 

Post # 12
Member
2513 posts
Sugar bee
  • Wedding: September 2018

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MRSsrm85 :  This.

If they don’t fall under FMLA regs, there’s nothing you can do, they can apply leave as “fairly” or “unfairly” as they want. You have limited information on why that woman was allowed 12 weeks, perhaps it was discussed inititally when she accepted the job, re-negotiated at a year end review, etc. Just because one person gets something doesn’t mean you’re entitled to the same thing. She’s also a more senior employee where as you’ve only been there less than a year. 

Any business—public, private, or nonprofit—with at least 50 employees within a 75-mile radius of the business is required to follow the FMLA. It doesn’t sound like your company falls over that threshold. 

Post # 13
Member
2513 posts
Sugar bee
  • Wedding: September 2018

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rcanlyn :  It wouldn’t be sex discrimination since they’re all women applying for maternity leave. Also, there’s no law that states that leave has to be applied equally amonst employees, if the employer doesn’t fall under FMLA they can make those decisions on their own discretion. 

Post # 14
Member
960 posts
Busy bee
  • Wedding: September 2015 - Historic Chapel

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gwenchilada :  I have been at my current job for 5 years, we do not get FMLA either. When I had my son I had to use my 2 weeks paid vacation and the rest was unpaid, I took 12 weeks total, I had been working here for about a year. With this pregnancy I plan on taking about 16 weeks and will only be getting paid for 4 weeks. Unfortunately in the US FMLA is not as big as in other countries that can get up to 12 months of FMLA. I would just say take as much time as you need but know it will not be paid, and plan for it.

Post # 15
Member
4121 posts
Honey bee
  • Wedding: August 2012

Isn’t it possible she has accrued more vacation time/leave in being there so long? 

I’m Canadian, so I obviously disagree with the short maternity leaves, period, BUT I don’t think that you can assume everyone should get the same when people are more senior and have earned certain things (ie more PTO).

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