Maternity Leave Rights

[nneinas]

My company is too small to fall under the Family Leave Act - we have less than 20 employees in fact. I am due in 10 weeks with a baby; my coworker is due 3 weeks before I am. We both started our short term disability paperwork which led to many other questions - we realized our bosses did not have an official written plan in the handbook other than providing us with 6 weeks short term disability and compensating us the difference so we are receiving our full salary during that time. We were very frustrated to learn that they make up the rules on a case-by-case basis; the first woman to get pregnant at our company got paid full salary for 3 months, then decided not to come back; the second woman to get pregnant got the same 6 weeks of short term disability/full pay but also received all other employee benefits for 6 months before she announced that she wasn't coming back; now it's our turn and both of us have to go back to work in order to pay our mortgages. Our company is telling us that we are NOT considered employees while on leave. How can we qualify for short-term disability and get paid by our company, but not be considered an employee? I'm only upset about this because they are saying we can't accrue our vacation and sick time while on leave; it makes sense to me for that to apply during any unpaid time we elect to take beyond the 6 weeks of doctor-ordered-recovery time (8 weeks if it is a c-section), but how can they deny me my vacation and sick days while on short term disability? They have agreed to pay us for any unused ACCRUED sick and vacation time for 2009, but it stops accruing the day we go into labor. I need to know that I can count on a certain amount of income while on leave. Please tell me that I am technically still an employee for those 6-8 weeks! What if I was in a car accident or got sick and ended up on disability? Could they tell me I'm not an employee then? I don't think so. Any insight you have would be sooo helpful to both me and my coworker. THANK YOU.

 

[Duranie]

I am not sure of employment law, but in most states employers are not required to pay you for maternity leave. You might want to post this in employment law.

Does your company offer short term disability? Short term disability is not a given, nor is your company required to pay you for leave (in most states).

Also it is correct that while you are om leave you do not accrue vacation and sick time, that is the case most of the time. You usually have to use your sick and vacation time. I am in AZ and I have had 2 babies so I'm just telling you how it works in AZ.


So which short term disability are you speaking of? Is this something your employer offers, or are you going through social security?

Whe you work for a smaller company you have less protection.