maternity leave
I am pregnant and beginning to plan for my maternity leave. I was planning to use all my sick time. My employer is saying that they have a policy saying you can only use 5 days of sick time for childbirth. My question is...is not recovery from childbirth covered under the medical leave act. if so, I should be able to use as much sick time as needed. Most doctors say not to return to work until 6 weeks and I won;t be able to drive for at keast 2. Is my employer legal in what they are saying?
Answers (1)
FMLA and maternity leave
I must preface my response to your question by stating that I am not your attorney, that we have not spoken and that your question appears to omit facts that could change my response.
That being said, the general rule under the Family Medical Leave Act ("FMLA") is that if you have worked at least 1250 hours for your employer over the past 12 months and if your employer has at least 50 employees within a 75-mile area of your workplace, you may take up to 12 weeks of unpaid leave. Generally, your employer may require that you use your sick time as part of the leave.
From the facts in your question, your employer may be violating the FMLA if you meet the above requirements. Furthermore, your employer may be discriminating against pregnant women if it allows employees to take more than 5 days of sick time for reasons other than pregnancy.
I cannot fully evaluate your question without more facts; depending on those facts, my opinion may change.
If you would like to discuss the matter further, please feel free to contact me at the addresses and number below.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
CEzold@Ezoldlaw.com
posted by Christopher Ezold | Feb 24, 2004 1:46 PM [EST]
I must preface my response to your question by stating that I am not your attorney, that we have not spoken and that your question appears to omit facts that could change my response.
That being said, the general rule under the Family Medical Leave Act ("FMLA") is that if you have worked at least 1250 hours for your employer over the past 12 months and if your employer has at least 50 employees within a 75-mile area of your workplace, you may take up to 12 weeks of unpaid leave. Generally, your employer may require that you use your sick time as part of the leave.
From the facts in your question, your employer may be violating the FMLA if you meet the above requirements. Furthermore, your employer may be discriminating against pregnant women if it allows employees to take more than 5 days of sick time for reasons other than pregnancy.
I cannot fully evaluate your question without more facts; depending on those facts, my opinion may change.
If you would like to discuss the matter further, please feel free to contact me at the addresses and number below.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
CEzold@Ezoldlaw.com
posted by Christopher Ezold | Feb 24, 2004 1:46 PM [EST]
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