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4 Bumps

My Company is giving me a hard time about maternity leave

Ok, So I have been very up front with my company about my pregnancy. I work for a small very non family oriented company with only 10 employees. Since we only have 10 employees they do not have to follow the normal laws for pregnant women. I am 2 weeks from my due date and requested to not come back to work until my baby is 6 weeks old (my doc wont release me anyway until at least then), My company only offers a 4 week maternity leave but I was told they will allow me to have 6 weeks. I have been having a lot of swelling and really would like to start my maternity leave now and be able to have a little down time before my little man gets here but I was told if I am gone for more than 8 weeks I wont have a job to come back to. Either way I am not coming back until my babt is a least 6 weeks old. My question is, does anyone know if that is legal? can they let me go even if I have a doctors note stating that I can not work?

Answer Question

Asked by vboyde at 11:15 AM on Aug. 3, 2010 in Pregnancy

Level 2 (11 Credits)
Answers (16)
  • Yes, it is legal. With only 10 employees, they do not fall under FMLA, because one employee being out that long can be a hardship for their business.

    Answer by andrea96 at 11:17 AM on Aug. 3, 2010

  • Looks like you really have no choice. My daughter just had the same situarion...she is only allowed a certain amount of time off and if she asked for more,they could let her go. She was miserable the last 6 weeks of her pregnancy but she managed to stay with it until a week before her scheduled c-section. Good luck.

    Answer by gertie41 at 11:20 AM on Aug. 3, 2010

  • With a company that small they are allowed to make whatever "rules" they want. Unfortunately.

    My old boss told me if I wasn't back in 2 weeks my job would be gone. I had my daughter May 13th and was back to work on the 20rd. We couldn't go without my paycheck, we needed it financially. Looking back on it, I should have told him to bite me and walk out. But I was young and was worried about our future.

    Everything will work out momma, don't fret.

    Answer by jking48444 at 11:27 AM on Aug. 3, 2010

  • My company has only 18 employees. I thought that even though there was no "paid" maternity leave, I was guaranteed my job back up to a certain time. I stayed out 11 weeks with my first, 4 1/2 months with my second and 3 months with my third. I think you should look into the legality of it. It doesn't sound right. On the other hand, you don't want to create a bad working environment for yourself. Is there someone you can talk to? Explain it nicely? Maybe they will come around. Good luck!!

    Answer by mompam at 11:28 AM on Aug. 3, 2010

  • I also work for a small business.. I will be back to work at 2 weeks.

    Answer by SuperrMommyy at 11:28 AM on Aug. 3, 2010

  • In this country (unlike most other other countries) there are no laws whatsoever guarenteeing a woman maternity leave or a job after she has a baby. When I was pregnant, I worked for a company with about 500 employees. We had no maternity leave. I had to use my sick time and they made me go on Family and Medical Leave. I stayed out for 8 weeks and ended up being unpaid for half of it. But here's the kicker, they made me pay for my medical insurance out of pocket for those weeks I was unpaid.

    Answer by HotMama330 at 11:47 AM on Aug. 3, 2010

  • Ugh that sucks, I would look up the laws in your state.

    Answer by cynprz at 11:48 AM on Aug. 3, 2010

  • HotMama-
    There actually is a law. If a company has over 12 employees, they MUST offer up to 8 (or 12, i cant exactly remember) weeks of maternity or paternity leave.
    Im not sure what is called but i learned about it in one of my classes.

    Answer by Morgs7531642 at 12:17 PM on Aug. 3, 2010

  • I am fortunate that I work for a company with really good maternity benefits (it's the one thing that keeps me from quitting, because I want a baby next year).

    Is there any way that you can get them to reduce your work load, so you're not on your feet as much? With what little maternity leave you get, I would not want to use any of it before you are ready to deliver unless there's a risk to your baby, and swollen ankles although annoying and a little painful perhaps, is not a risk.

    Answer by thatgirl70 at 12:41 PM on Aug. 3, 2010

  • I have no idea. Maybe contact a lawyer about it to see if it's legal or not. Good luck and I hope it all works out for you.

    Answer by poptart0325 at 1:06 PM on Aug. 3, 2010

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