Is maternity leave mandatory for companies under 50 employees? 5 Answers as of October 16, 2013

I am pregnant and work at a small company (only 20 employees). I was told that the company does not provide paid leave because it has fewer than 50 employees. Is this true?

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Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Pretty much. FMLA applies to companies with 50 or more employees.
Answer Applies to: Idaho
Replied: 10/16/2013
KEYL ADR Services, LLC | Mark D. Keyl
Maternity leave is not a required benefit. We have FMLA that protects your job, but does not pay.
Answer Applies to: Mississippi
Replied: 10/15/2013
The Niskar Law Firm, PLLC
The Niskar Law Firm, PLLC | Joey Niskar
If the company has less than 50 employees at your work location, and less than 50 employees within a 75 mile radius of your work location, then they do not have to give you maternity leave under the Family & Medical Leave Act, as that act only applies if there are 50 or more employees at your work location, or within a 75 mile radius of your work location. However, the employer cannot discriminate against you on the basis of your pregnancy. That means they have to treat you the same as they treat others with non-pregnancy related conditions. Thus, if you wanted to take off 2 weeks to have the baby, and they have given another employee a discretionary 2 weeks off for another reason (e.g., bronchitis, the flu, to serve jail time, etc.), then they can under some circumstances be required to treat you the same and give you 2 weeks off to give birth. However, it can be difficult to prove pregnancy discrimination this way. The 50 employee requirement in the FMLA is very unfair, as it excludes the majority of Americans from the Act's coverage.
Answer Applies to: Michigan
Replied: 10/15/2013
I do not know. You should speak with an attorney that handles that type of cases - I do not.
Answer Applies to: Georgia
Replied: 10/15/2013
Law Office of Richard Winkler | Richard Winkler
American women are offered 12 weeks of unpaid leave under the Federal Family and Medical Leave Act. Some states expand that time period. Neither the federal government or any state require PAID leave for employers, regardless of the number of employees.
Answer Applies to: Rhode Island
Replied: 10/15/2013
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