Maternity leave question

T

tdurb1

Guest
Jurisdiction
Ohio
Hello, I was just wondering if my employer can legally force me to start maternity leave early? I have had no medical issues and have not missed work due to this pregnancy, she has formerly agreed to pay me for 6 weeks leave and is now telling me I must start 2 weeks early, and then only get 4 weeks after I have the baby?
 
tdurb1 said:
Hello, I was just wondering if my employer can legally force me to start maternity leave early? I have had no medical issues and have not missed work due to this pregnancy, she has formerly agreed to pay me for 6 weeks leave and is now telling me I must start 2 weeks early, and then only get 4 weeks after I have the baby?
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Rather than argue about how to use the six weeks, why not negotiate how you'd prefer to use the six weeks?
 
The Pregnancy Discrimination Act (PDA) states that "pregnant employees must be permitted to work as long as they are able to perform their jobs". It seems to me that indicates that as long as you are able to do the job, you should be allowed to work, even if it is right up until you go into labor.
 
cynthiag said:
The Pregnancy Discrimination Act (PDA) states that "pregnant employees must be permitted to work as long as they are able to perform their jobs". It seems to me that indicates that as long as you are able to do the job, you should be allowed to work, even if it is right up until you go into labor.
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Great point, but, the leave isn't required to be paid.
As I read the OP's post, her employer is offering her SIX WEEKS of paid leave.
An employee can receive up to 12 weeks using FMLA (under certain conditions with certain qualifiers), but its not paid UNLESS its been accrued and is owed.
Hence my suggestion to discuss and negotiate, before giving off the impression you might seek to litigate.

Facts About Pregnancy Discrimination
 
But forcing an employee to take time off they don't need because of pregnancy is illegal- pay or not- if they fall under the PDA. Babies are also known to come late so that would be even more time off that was not necessary.
 
ElleMD said:
But forcing an employee to take time off they don't need because of pregnancy is illegal- pay or not- if they fall under the PDA. Babies are also known to come late so that would be even more time off that was not necessary.
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Thanks, ElleMD, that was exactly my point.
 
ElleMD said:
But forcing an employee to take time off they don't need because of pregnancy is illegal- pay or not- if they fall under the PDA. Babies are also known to come late so that would be even more time off that was not necessary.
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I'm not sure the employer is forcing her to take the time off.

According to my interpretation of the post, OP has been offered six weeks of paid time off.

If its paid time off, one could make the case that the employee takes the paid time off at the employer's discretion.

If the employee doesn't want, require, or need six paid weeks off; she can take the more generous unpaid twelve weeks FMLA permits.

I'm sure the employer would have no problem allowing the employee to take twelve unpaid weeks off at the employee's discretion (assuming of course the employer comes under FMLA laws), because its the law.

It would also make far more economic sense, too.
 
The FMLA statute expressly allows for paid leave to be included as part of the FMLA leave, so the six weeks of paid leave would not be in lieu of 12 weeks of unpaid FMLA - it would be included within it. The OP would have 6 weeks of paid and 6 of unpaid.

That's assuming FMLA applies at all, which as yet we have not established. The reason the employer wants her to start early is also relevant. And so is the PDA.

Really, AJ, Elle, Cynthia and I do this for a living. This is one case where maybe you should just let us do what we do, 'kay? I love you but this time, "hush up and let the grownups talk" is perilously close to home.
 
cbg said:
The FMLA statute expressly allows for paid leave to be included as part of the FMLA leave, so the six weeks of paid leave would not be in lieu of 12 weeks of unpaid FMLA - it would be included within it. The OP would have 6 weeks of paid and 6 of unpaid.

That's assuming FMLA applies at all, which as yet we have not established. The reason the employer wants her to start early is also relevant. And so is the PDA.

Really, AJ, Elle, Cynthia and I do this for a living. This is one case where maybe you should just let us do what we do, 'kay? I love you but this time, "hush up and let the grownups talk" is perilously close to home.
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We all have ideas, and the ability to contribute.
We're all playing nicely, so the idea of silencing myself I find to be rather offensive.

I'm guessing the OP works for an employer not encumbered by FMLA oversight.

Perhaps we'll find out this time.
 
I wonder if the OP & her employer qualify for FMLA.
 
The PDA applies to a great many employers who do not otherwise qualify for FMLA, and based on the poster's description the PDA is being violated also.
 
cbg said:
The PDA applies to a great many employers who do not otherwise qualify for FMLA, and based on the poster's description the PDA is being violated also.
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I'm just waiting to see if the OP returns to provide more details.

Unfortunately many posters fail to return.

I think they get their question resolved, give up, or get the answer through other sources.
 
cbg said:
The PDA applies to a great many employers who do not otherwise qualify for FMLA, and based on the poster's description the PDA is being violated also.
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Agree with that but OP was asked is FMLA applied in her case but she never came back & answered.
 
No, she didn't. She didn't ask about any specific law. She asked only if she could be required to start her leave early. Cynthia brought up the PDA: Elle brought up FMLA. The poster didn't ask about either one. I'm quite certain she doesn't care which law will help her as long as it does.
 
Agree, cbg, that her question re can she be made to take pregnancy leave early was answered. However, she did also ask about the amount of time she could have off for her pregnancy/parental leave. The following link should answer some (if not all) of her questions if FMLA does apply.

http://fmlaonline.com/fmla-pregnancy/

(OP - you might have to copy & paste link into your browser for it to work.)
 
No, she didn't ask that either.

I agree it would be better if the OP came back. However, I think also be a very good thing if some of the responders went back and looked at her actual question. The OP asked one question and one question only; can her employer require her to take 2 weeks before and 4 weeks after, instead of 6 weeks after.

The correct answer is, probably not. IF the employer is subject to either FMLA or the PDA, the answer is No. Until she comes back and tells us how many employees her employer has we will not know which, if either, applies. But she did not ask about FMLA and she did not ask how much time she was entitled to and she did not ask about any specific law. And I'm really getting quite tired of people correcting me when I attempt to answer the question she actually asked instead of the questions people imagine she was asking because they Don't. Read. The. Question.
 
tdurb1 said:
she has formerly agreed to pay me for 6 weeks leave and is now telling me I must start 2 weeks early, and then only get 4 weeks after I have the baby?
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Sorry but maybe we are reading it different. I was taking it that she is asking if she only gets a total of 6 weeks off. (maybe not-she may get more) Possibly not but maybe Elle read it like that also since she asked about FMLA. cynthiag had already answered the first question mark (?) question re can she be made to take pregnancy leave early.

To me there were 2 questions- one re can her employer make her take pregnancy leave early (was answered by cynthiag) & then can she only get 6 wks. off total (we don't know on info we have).

If OP wants more info on FMLA & pregnancy (maybe she doesn't), she can do a google search. Sometimes people read questions differently. I can now see what you are saying though re what she is asking, cbg. I am reading it a little different. We are all here just trying to help the OP.

PS- I don't know about anyone else but I did read the question/questions. (more than once)
 

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