Can you be denied maternity leave?

Question

I don't get qualify for FMLA at my work because i haven't been there a whole year yet and won't be before I give birth. Can they deny me unpaid leave? I'm going to try to take short term disability but I really don't want to use my vacation. Anyone have experience with this?

Answer

I don't have direct experience, although I'm an HR officer in the military I do have a civilian HR certification. Maternity leave is tricky if you don't fall under FMLA. There are federal laws protecting you against discrimination due to pregnancy but none that specifically state that your employer must give you your job back if you take unpaid leave. A lot of states have laws that cover this. Do you have an HR person or district office you can call? I would start there and come up with a plan.

Answer

My sister was only given one week off unpaid and then has three week of working from home half days and that is all she gets. I think it sucks

Answer

They have to give u six weeks no matter what. 8 weeks if u have a c section

Answer

I would talk to your HR department. Each state is different. Most places will make you use your PTO before they will allow you leave with no pay

Answer

I can get fmla because I've worked there a year, but because I'm part time, it's unpaid for. Luckily my state is one that offers short term disability so I will get money from the state.

Answer

They have to give you leave but if you didn't work enough they don't have to pay you at least that was my experience:-/

Can you be denied maternity leave?

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