Florida (FL) Maternity Leave Law

August 15th, 2006 Posted by Jolie

I thought I would check in to shed a little light on Florida maternity leave laws. I was just over on the Florida Department of Labor web site and really learned a lot!

If you are a private sector employee, Florida has no laws that guarantee job protection or benefits for new parents. So if you are a private sector employee your best bet is probably to use the two federal laws that come into play for pregnant women and new parents. They are the Pregnancy Discrimination Act and also by the Family Medical Leave Act.

The Pregnancy Discrimination Act makes it illegal for employers to fire, refuse to hire, or deny a woman a promotion because she’s pregnant. Basically, she must be treated just like anyone else in the company!  This goes for sick leave and disability too. If a company offers these things to other employees, then it also must offer them for pregnancy-related issues.

The Family Medical Leave Act allows private or public sector employees 12 weeks of unpaid leave to, among other things, take care of a newborn baby or newly adopted child. One thing though—if you plan to take advantage of this act you have to work for an employer with more than 50 employees in a 75-mile radius.

It’s really important that you understand that this act doesn’t guarantee your job will be held. A provision designed to ease economic hardship for businesses allows companies to let you go during your leave if you are in the top 10 percent of highest paid employees. Before you get too worried, know that your company has to notify you before you go on leave that you are one of these employees. The company also has to give you the option of returning to work before your leave is up.

If you are a public sector employee in Florida you have another option. Florida state employees are entitled to a maximum of six months of unpaid parental or family leave to care for a newborn or newly adopted child, or to care for one’s own or a spouse’s pregnancy disability or recovery from childbirth.

Last 10 posts by Jolie

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Posted in Employee Benefits, Family, Flordia, Paid Leave

  1. Posted by: s. fischer

    My wife works for [company name deleted] and was granted maternity leave for 12 weeks for having a baby. When she returned to work she found out that they used her non-paid vacation time and bonus time in conjuction with the 12 weeks maternity leave. Is this legal or not? Please let me know. Thanks

  2. Posted by: Amelia

    Hi S.! This is probably legal — Florida companies don’t have to give workers more than 12 weeks of FMLA leave, total. For a more complete answer, post a question on our employee HR forum at http://www.laborlawtalk.com. Thanks for reading! Amelia

  3. Posted by: Kristi

    Message
    I have an employee that is having problems with pregnancy and has been in and out on disability during her pregnancy. The company has a 6 month short term disability program, but if she exceeds her 6 months during her pregnancy, would it be illegal to terminate her employment at the 6 month mark if that six month mark happens before or after she has the baby and before she can return to work? Thanks.

  4. Posted by: Amelia

    Hi Kristi! You question touches on a very importat issue for employers: having FMLA and short term disability run at the same time. As you know, FMLA gives most employees up to 12 weeks of unpaid leave. Most companies would require that an employee in this situation be using FMLA concurrently with her short term disability. If that is true, yes, the employee can be terminated after 6 months of total leave have expired, even if that mark is at or just after she has the baby.

    She is entitled to 6 months total disability leave rather than only 12 weeks because that is what your company offers for other medical problems. Under the federal PDA or Pregnancy Disability Act, an employer must offer the same benefits and payments for pregnancy disability, as for other types of medical disability.

    At least the last 12 weeks of this employee’s short term disability should be counted as FMLA. In order for the employer to do so, the employee must be informed in writing, at the beginning of the FMLA leave. If this is not done, the employee would be entitled to 6 months of paid short term disability, plus 12 weeks of unpaid FMLA leave. Very, very few employers are that generous.

    We have a website set up especially to address questions from employers at http://www.humanresourceblog.com. Post your questions there for a more complete discussion.HTH, and thanks for reading the blogs!~ Amelia

    Note that this answer would be different in some other states, but it applies to Florida.

  5. Posted by: Jackie

    I jsut found out I am pregnant. I am due in June. I work for a small business. I do ALL of the office functions. I do have a girl that comes in occassionally on a part time basis to help me but she is more on the marketing end. My boss asked me if 2 weeks would be enough time off. Then she told me the next day that 8 weeks was too much time off for her and that she can’t be without me that long. My issue is, how long should I really get and if I have complications will that count towrds my time off? I was put on bed reast with my first pregnancy and had issues with my second and I am afraid she is going to try to force me to come back to work even though I may be physically unable and threaten to fire me. Our company is small so we don’t fall under the 12 weeks unpaid time off rule.

  6. Posted by: Amelia

    Hi Jackie! Okay, get a grip! :-). Your boss cannot force you to do anything. The only person who decides if you come back to work too early, against doctor’s orders, is you. It sounds like your company is too small for FMLA to apply, which is a shame.

    Here is our opinion: If you are so essential that your boss feels she can’t be without you for 8 weeks, then it suggests that you hold all the cards. Most women are physically disabled for 6 to 8 weeks after childbirth. (As you noted, many are also disabled during the last month or two of pregnancy.) Diplomatically inform your boss that you physically cannot work during that period, and give her the phone number of one or more temporary services.

    Taking the time off that your doctor recommends should not be an area of negotiation between you and your boss. It’s a medical necessity. How would you feel if you lost the baby because you ignored your doctor’s advice about taking bed rest?

    If your boss does fire you because you are out for childbirth, once you are off disability, you may qualify for unemployment. But our guess is that after 6 or 8 weeks, your boss will be delighted for you to come back to work. For other options, post your question on our sister site at http://www.laborlawtalk.com. HTH,and thanks for reading the blog!~ Amelia

  7. Posted by: Pdoug

    I have question. I am 10 weeks pregnant with my first child. I have been very sick. Is there a chance that my employer can let me go for taking time off for being sick from the pregnancy…I have had a Hospital note and Doctors notes from where i went in to see the doctor. It is a very very big company, the building I work in has atleast 250 people just on the day shift, and there is another building about 5 miles up the road.

  8. Posted by: Amelia

    Hi Pdoug! No, the employer probably cannot let you go due to missing time for morning sickness. Under the federal Family and Medical Leave Act, most employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for a variety of reasons, including a serious health condition and bonding with a new baby.

    FMLA applies to employers with 50 or more workers within 75 miles. It sounds like your company is more than large enough to qualify.

    Pregnancy is always a serious health condition under FMLA. So any time that you miss due to morning sickness is unpaid, but your job is protected. However, be aware that this time off will also reduce the amount of time you can be off work under FMLA after you have the baby.

    Suppose Janna is a full-time employee with severe morning sickness. She must take a total of 80 hours off work for morning sickness and doctors appointments during her pregnancy. That’s equivilant to 2 weeks of leave. Janna will only have a total of 10 weeks to take off after the baby is born. If she takes off more time than that, the employer can legally let her go.

    If Janna did not miss any time before the baby was born, she would have 12 weeks to stay home after delivery. For more info, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  9. Posted by: daniellesb1

    Hi - I am employed by a company in Florida, which has over 400 employees in my building alone. I am 21 weeks pregnant today, and have been put on bed rest IN THE HOSPITAL due to incompetent cervix. I do not have any type of disability insurance… My job is computer related only, and even with a doctor’s note saying it will be ok to perform my job from the hospital bed — the legal dept in my company advised that they will not allow me to work due to worker’s comp not being liable if anything happened to me while working on computer… We need my income, and there is no way we can pay all our bills without it. With that being said, is there anything you can suggest that I do to be able to collect any type of disability from State ? Pls help…..

    Thanks in advance,

  10. Posted by: Amelia

    Hi Daniellesb1! This is a tough situation and we wish we could be more helpful. Florida does not offer any type of disability benefits, period. There are only five states that do: Rhode Island, New York, New Jersey, California and Hawaii. An employee who will be disabled for 5 months or more may qualify for permanent disability from Social Security.

    In some cases, an employer may have to make reasonable accommodations for an employee who is disabled but can still fulfil the primary responsibilities of her job. Usually, pregnancy or temporary disabilities do not qualify, however. You can also post your question on our sister site at http://www.laborlawtalk.com. They may have more suggestions. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Yesenia

    Hi!!! I’m 13 weeks pregnant and I go to the doctor twice a month. My boss wrote me a warning letter that I’m not doing my job correctly. That’s not true because I’m the only one at the office. The other girl is my boss’s wife. She’s never here and everything in here it’s done. I think he’s looking for an excuse for fire me without paid me unemployment; of course I did not signed the letter. What can I do??? Thanks.

  12. Posted by: Amelia

    HI Yesenia! If your employer has 50 or more workers within 75 miles, your doctor’s visits are covered under FMLA, the federal Family and Medical Leave Act. If you are eligible for FMLA and your boss is writing you up for these absences, that is not legal under the regulations.

    If your boss is writing you up for another reason, then that may very well be legal. Here’s the bad news: a written warning counts, even if the employee refuses to sign it. Instead, if this happens again, write your own explaination at the bottom of the warning, and sign it. Ask for a copy of the warning, and keep it. Also keep any documentation that you can, that you are actually completing all the work.

    It is possible that the boss is thinking about firing you for reasons that have nothing to do with pregnancy. An employee who is fired for reasons beyond her control is usually eligible for unemployment. If the boss fires you solely because you are pregnant (not for missing time or poor performance) then that is illegal discrimination. For a more complete answer, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: Julia

    Hi. I have a question about short term disability. My company pays short term disability during the 6 weeks of maternity leave, however it is at a much lower rate than I thought. I was under the impression that disability pay was 2/3 of your regular pay ( and that is what many of my friends at other jobs have made on maternity leave). There is absolutely no way that I can pay even rent, let alone bills on the lower amount. What is the deal with this and is there ANYTHING I can do?

  14. Posted by: Amelia

    Hi Julie! This is a tough situation. No, there is probably nothing that you can do. There is no Florida or federal law that requires employers to pay workers anything while they are on short term disability. Some plans do pay 2/3 of the employees salary, but others pay 50% or less.

    For more information, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: Julia

    I also have another question. I am an occupational therapist and could potentially work PRN in order to supplement my maternity leave. Is it possible to work part time and still collect short term disability??

  16. Posted by: Amelia

    Hi Julie! Unfortunately, probably not. Short term disability is paid only for the period during which someone is physically unable to work, as certified by their doctor. If you are physically able to work, then you don’t have a disability and are not entitled to benefits.

    Also, under most plans, any amount that you earn while on disability would decrease your benefits. And, many employers have rules that prohibit workers from drawing short term disability benefits, even if they earn only $1 per week from another source.

    Technically there is a difference between maternity leave and short term disability. Disability is available to employees who, for whatever reason, are physically unable to work. Maternity leave is a benefit for new mothers that is offered by very, very few employers in today’s world. If your employer offered maternity leave instead of short term disability, you might — we stress might — be able to do this.

    Wish we had better news, but there it is. Feel free to post any additional questions you might have!~ Amelia

  17. Posted by: NINA

    Hi
    I’m an international student (I’m on a student visa) in Florida and pregnant. I have no parents here. My question is how many weeks can I get after the delivery to take care of my newborn. Anyway after the maternity leave I’ll have to send her to a daycare and go back to school. Otherwise I’ll lose my status.
    I’m due this week.I’m stressed.
    Please, answer my mail.
    Thank you

  18. Posted by: Amelia

    Hi Nina! Under federal employment law, employers must give workers up to 12 weeks of unpaid leave after the birth of a baby. However, being a student is not a type of employment, in the U.S. So each school sets its own rules concerning the amount of time that a student can take off after childbirth.

    Most schools are pretty accommodating. After all, this is a situation that they encounter a lot. But you should make an appointment with your student advisor ASAP, to discuss how you will handle this situation. In some cases, it might be better for you to withdraw from your classes, and re-enroll in Jan. or Feb. for the next term.

    Best wishes to you and your baby! HTH, and thanks for reading the blogs!~ Amelia
    PS You can also post questions on our sister site at http://www.laborlawtalk.com.

  19. Posted by: Kim

    I recently went out on Maternity leave and had saved my vacation time for now being that I do not get paid for Maternity Leave. My boss only paid me for a couple of my days and said that he was doing me a favor because he does not have to pay me for any of it. Is this true?

  20. Posted by: Amelia

    Hi Kim! We believe that your employer is mistaken in this case. The U.S. Department of Labor compliance guide for FMLA says, “Employees may choose to use, or employers may require the employee to use, paid leave to cover some or all of the FMLA leave taken.” This means that an employee is not entitled to 2 weeks paid vacation plus 12 weeks of unpaid FMLA leave. But, if she wants to use 2 weeks of paid vacation instead of 2 of the weeks of unpaid FMLA, she may opt to do so.

    Here’s the link: http://www.dol.gov/esa/whd/regs/compliance/1421.htm

    Different rules apply to sick time.

    These rules, along with many others regarding FMLA, will change on January 1, 2009.

    Our suggestion would be, show this U.S. DOL web page to your boss. If he still refuses to pay you for vacation time, then call the U.S. Department of Labor to report a violation of FMLA. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

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