maternity leave, legal/opinion

**curiosity72** · 01-18-2010 12:39 AM

I have a friend who is pregnant, a woman at her job had recently had a child, and she was given 8 weeks maternity leave. Now they are saying that she cant get it. She was really upset when she talked to me, so i'm trying to see if there is anything that she could do. She has been at this job for 6 months, and before she was pregnant, possibly up for assistant manager position. if anyone has been in this position, or has some advice, please respond! thanks!

**Sprite** · 01-18-2010 02:02 AM

How long did the other woman work there before she fell pregnant? Because your friend has only worked there a short period of time, it could have an impact. That's how it works with annual leave.
Try look on the net for the standard law for maternity leave in your country.

**Little** · 01-18-2010 07:54 AM

Do you live in the US? The Family Medical Leave Act is the most common sort of medical leave for this case. Unfortunately, she can't get it. You have to be working at the place for at least one year.
Six months is a VERY short amount of time to be working somewhere and ask for two months' leave. Is she full-time? Does she have benefits? Insurance, sick pay, etc?
She should discuss this with Human Resources at her work. Obviously having a child is very rough on your body and ability to work, you need time. If she has sick time, she should arrange to use it. If she doesn't, she needs to do what is best for her body and her child, possibly even quit the job. If she leaves for 8 weeks without some kind of leave act's support, her job isn't guaranteed when she comes back.
And if her Human Resources Manager doesn't want to work with her, maybe she doesn't want to be at this job after all!

**Adrian15** · 01-18-2010 09:57 AM

In California, state law mandates that women receive 4 weeks prior to delivery and 8 weeks after. Also, if she has a c-sec the post time goes to I believe 16 weeks.

If her employer denies her the right to her maternity leave she can sue him for discrimination, amongst other things. Pregnancy is a protected class, for lack of better words. She is entitled to her leave time ad she is entitled to receive her job, same position with the same pay upon return!

**LanaBear** · 01-18-2010 02:39 PM

It all depends on company policies and state laws. Many of them have a minimum amount of time you need to be employed to be eligible for the benefits.

I quickly looked up the California Family Rights Act and like FMLA, they also state that in order to be eligible, all employees have to have worked for the employer for a total of 12 months and who have 1,250 hours of physical time worked in the year preceding the employee's request for leave are eligible.

She can also check to see if it may be covered under her companies short term disability. Where I work it is, but again it all depends on eligibility.

**Adrian15** · 01-18-2010 03:17 PM

All women, through the SDI, are entitled to disability benefits for 4 weeks prior and 6 weeks after. I live in California, I have had 4 kids and a paralegal. Now for the FMLA, which is a completely different program, yes there are requirements. This program is set up to offset what SDI doesn't pay. A wage replacement so to speak. But, as far as disability, she, like all women in CA, qualify during the above time periods.

**Adrian15** · 01-18-2010 04:39 PM

Also, I forgot to add, they are protected agaisnt being fired or demoted for requesting the time off and upon returning to work.

**curiosity72** · 01-19-2010 11:48 AM

Thank you every one for replying, I have started looking up some of the maternity information for the state of Virginia (we are Richmond City residents). Seem's that she might not have much of a leg to stand on. Poor girl. I am so greatful to be here for her, she is just under so much stress right now. Can't even pay her medical bill to get a letter of 'proof of pregnancy' to get on government health insurance. If you all know any ways that you helped relieve stress while pregnant (she can't run, and apparently this is why she isnt coping with her stress) I'd appreciate anything you can tell me!!!

**Adrian15** · 01-19-2010 12:47 PM

WOW..okay I just looked up Virginia Law for state short term disability and have to clarify that I was speaking about California law.

As far as I can tell through west-law, VA offers no short term disability benefits like California does. Which, to me, is awful. Let me see what else I can figure out. I guess there is ONE benefit of living in CA.

**Adrian15** · 01-19-2010 12:59 PM

Okay, I am unsure about posting links here so I will just give you the info.

There is the Medicaid and FAMIS programs through the Dept. of Medical Assistance Services in VA that she can contact. Through them, she should be able to find programs that will help her get medical care and supplemental income aid.

I hope this Helps!