labor lawAdivision of labor law center

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.

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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

21. Posted by: Unknown

    Hi, I work for a small time daycare and was wondering how many weeks I am entitled to for my maternity leave. My boss already told me she understands and found someone to cover me but she’s really iffy, so would it be illegal for her to fire me or tell me she no longer needs me when I try to return to work? Also I was supposed to be getting induced and I told her I would PROBABLY have the baby on a certain day but those plans changed, I talked to her about it and she told me to call her if I don’t go into labor, can she tell me she doesn’t think I should come in or put me on maternity leave when she wants to?

22. Posted by: Amelia

    Hi Unknown! There is no Florida family leave law that covers small companies. The federal FMLA covers only employers with 50 or more workers within 75 miles, so it probably does not apply. So yes, the employer can probably let you go when you miss several weeks of work due to the birth of your child.

    However, under the federal Pregnancy Discrimination Act, she cannot tell you when you must go on maternity leave, or fire you before you have missed any work time. This law is enforced by the EEOC at http://www.eeoc.gov. Your employer can request a note from your doctor that says it is safe for you to work in your final months of pregnancy. But she cannot tell you when to stop working, as long as you have your doctor’s permission. For more into, post your question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

23. Posted by: Dahlia

    I am due on 1/31/09, I was planning to work up until the week before my due date. However, yesterday I was informed by my employer that I need to take maternity leave on 1/1/09. He told me his business is in financial trouble and he has to start cutting back. Can I claim unemployment? I am in Florida.

24. Posted by: Amelia

    Hi Dahlia! Legally, your employer cannot tell you when to take maternity leave. The federal PDA or Pregnancy Disability Act requires that the decision of when to go on maternity leave be left up to the woman, and her doctor.

    Your employer can, however, lay you off, temporarily or permanently. In that case, you would be entitled to unemployment benefits as long as you are physically able to work, and seeking work. Women on maternity leave do not qualify for unemployment.

    If the employer decided to lay you off because you are pregnant, that would be illegal discrimination. If he decided to keep another employee because he or she was not pregnant, that would also be illegal discrimination. If you believe that this is pregnancy discrimination (and it is, if he is telling you to go on maternity leave) then file a complaint with the EEOC. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

25. Posted by: Andrea

    Hi Amelia! I’m 7 months pregnant and working for a Florida company as a contract employee. I have all benefits given to regular, permanent employees with the exception of rolling over vacation time and title. I do the same work as my counterparts, but am hourly rather than salary.

    As of today, my contract is set to expire January 31, 2009. I am tentatively scheduled for a c-section on February 20, 2009 at 38 weeks, 5 days.

    Someone told me that Florida law would require my current insurance company to cover the remainder of my pregnancy, including delivery. However, my understanding of the company policy would be that I’d have insurance through the end of the month I was let go. Which would be January.

    I qualify for FMLA and STD as an employee. I don’t think unemployment would help since I am technically a “contract” employee (by definition and title only, I’ve been here 2.5 years).

    I am looking at a HIGH possibility of losing my job at the end of my contract as my company has been doing permanent layoffs all year long.

    What are my options? Does my employer have to cover the remainder of my pregnancy under Florida law?

26. Posted by: Amelia

    Hi Andrea! This is an unusual situation, because of your status as a contract employee.

    There is no Florida or federal law that your current insurance or employer must cover your pregnancy. (If Florida employers were required to pay for all pregnancies, regardless of the employee’s insurance status, the employers would put contraceptives in the drinking water at work!)

    If your employer has more than 20 workers on group health insurance, usually by law they must offer you COBRA. This federal law basically requires that your current group health insurance be extended for up to 18 months, as long as you pay 102% of the premium. The 102% includes both any portion formerly paid by your employer, plus an additional 2% processing fee. (It is possible that this does not apply to you, due to the terms of your contract.)

    It is almost certain that your employment will end when your contract does. While the employer cannot make an employment decision based on your pregnancy, they have no special incentive to renew your contract. As an ex-employee, FMLA or company short term disability benefits would not apply.

    You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for a great question!~ Amelia

27. Posted by: Yesenia

    Hi, Amelia.
    This is the second time that I posted a question and thank you very much for answering it. I’m five months pregnant and my employer gave me two weeks vacation and they havent’t pay me yet and they are suposed to pay my two weeks vacation; this is my second year working with them and when I started there I was told that I have two weeks paid vacation which they did last year but this year they haven’t pay my vacation. Is this legal???.
    Thanks Yesenia

28. Posted by: Amelia

    Hi Yesenia! We’re happy to answer your questions. You can also post them on our sister site at http://www.laborlawtalk.com, for more input.

    It isn’t right that the employer has not paid you for your vacation time yet. In some states, you could report them to the Department of Labor, and the DOL would force the employer to pay you. Unfortunately, it doesn’t work that way in Florida.

    If the employer has a written vacation policy, they should pay you. But there is no federal or Florida agency that will enforce this. Your best bet is to try to work this out with the employer. If that doesn’t work, you can take them to small claims court. (No lawyer is required for small claims court. Basically, you just explain the problem to the judge, the employer tells their side and the judge decides. Kind of like Judge Judy, but it’s for real, not TV.) Unfortunately, unless you have the vacation policy in writing, it’s going to be hard to collect in Florida. And even if you do, it’s far from a sure thing. HTH, and thanks for reading the blogs!~ Amelia

29. Posted by: Xylina

    I am actually asking for my daughter, She has worked for a large builder for a year and went on maternity leave 11.22.08. Just yesterday she was told they no longer need her services and let her go. They are giving her two weeks severance pay but no medical. Now she cannot take the baby to any followup appointments. I was considering on getting an attorney involved. Did they violate any Florida laws?

30. Posted by: Amelia

    Hi Xylina! They probably didn’t violate any Florida laws, but they may have violated a federal law or two.
    If your daughter was terminated because she was on FMLA or maternity leave, that’s discrimination based on pregnancy, which is not allowed under the federal PDA or Pregnancy Discrimination Act. However, if they are laying off a number of people, it is probably not illegal discrimination.
    IF the employer has 20 or more workers on group health insurance, by law they have to offer your daughter COBRA. This federal program allows the employee to continue their health insurance coverage — at a price. Under COBRA, the employee must pay the entire premium, including any portion formerly paid by the employer. For more answers, you can also post questions on our sister site at http://www.laborlawtalk.com HTH, and thanks for reading the blog!~ Amelia

31. Posted by: Alissa

    Hi Amelia,

    I am 23 wks pregnant. I am contracted for a company. The company that I am contracted through said that they would pay me for maternity leave as long as the company I am working for would pay me maternity leave. How do I go about asking the company that I am working for to pay me for maternity leave? They have been asking me to only work half days and telling me that I should have my doctor put me on disability. From what I am understanding is that even if i was to get put on disability I wouldn’t be getting paid for it. What is the easiest thing I can do to get the company I am working for to pay me maternity leave. I am the only income that my family of 4 has.

32. Posted by: Amelia

    Hi Alissa! We hate to be negative, but the probability that a company will pay a contractor for maternity leave is about the same as the probability that you will win the lottery.
    The whole purpose behind hiring contractors is that the company does not have to pay expensive benefits like short term disability and maternity leave.
    By all means, check your employee handbook and the contractor agreement that you signed. But it would be very, very unusual for an independent contractor to have any benefits.
    You are also correct in thinking that unless you have short term disability insurance, perhaps through your employer, you will not have any income while on disability.
    Ask the HR department or a supervisor at the company where you work what benefits like disability, maternity leave or FMLA are available for someone in your situation. Frame the question as “I just want to know for when I’m not able to work, sometime in the future” so the employer doesn’t get the impression that you are ready to leave now.
    The employer may be engaging in discrimination by pressuring you to go on disability now. The federal Pregnancy Discrimination Act permits women to work until they and their doctor decide the woman cannot work any longer. Some women work right up until delivery. However, even if the employer is discriminating, it is going to be an uphill battle to win, given the fact that you are not an employee.
    We wish we could offer more help in these circumstances. By all means, look into having the baby’s father support you by taking him to court if necessary. And, if you need to you can apply for TANF, Temporary Aid for Needy Families. Feel free to post any additional questions you might have. HTH, and thanks for reading the blogs!~ Amelia

33. Posted by: Rose

    Hi, I am going to give birth in 4 weeks. I work in a family restaurant and bar. They have no problem with me going out for maternity leave but when I come back Ii might not have my same shifts and hours which will change the money I earn. Do they have to give my same shifts and hours or can they change it on me as long as they give me a job back??!!?

34. Posted by: Amelia

    Hi Rose!

    This will depend upon whether or not you are covered by the FMLA, the federal Family and Medical Leave Act. Under FMLA, employees must be returned to their same job after leave. That means a job with the same wages, benefits, hours, etc. So if you will be on FMLA, you should receive the same shifts after maternity leave.

    However, FMLA only applies to employers with 50 or more workers within 75 miles. Florida has no family leave law for smaller employers, so they are not obligated to even give you a job, if they are a smaller employer. For more info, post your question on our sister site at http://www.laborlawtalk.com HTH, and thanks for reading the blogs!~ Amelia

35. Posted by: andrea

    Hi Amelia, I have another question…..this time about COBRA. I qualify for it and have made the decision to stick with it for at least through the baby being born and so that my husband can have the big snip covered. (we’re 35 and done at two kids)

    What do I do about the time between when my coverage “ends” on the 31st of this month and when my HR lets our administrator know that I need COBRA and then until I get and pay the bill. I have 5 weeks left til this baby is scheduled to arrive.

    How do I handle the billing offices of the OB (who does know the situation) and the hospital?

36. Posted by: Amelia

    Hi Andrea!
    You don’t need to tell your OB or the hospitals about your job change — just show them your currrent insurance card.

    Under COBRA, your current insurance coverage will continue for 18 months, or until you stop paying the premiums. Normally, you will not be issued a different insurance card. Your insurance is still with the same company, with the same coverage — you’re just paying 100% of the premium.

    As long as you pay your first COBRA premium within 45 days of receiving your COBRA notice, there should be no gap in coverage. Because of your situation, I would suggest that you pay the COBRA premium as soon as you receive the papers. HTH, and thanks for reading the blogs!~Amelia

37. Posted by: kerri

    Hello, my situation is a little different. I work for a resort here in Florida,I am considered part time because of the hours I work, I have been at my job for over a year and am 6 months pregnant.I know I need to take some time off work after the baby (my first), but my problem is I dont have anyone else to help with my bills. Is there anything I can do or appply for,for help????

38. Posted by: Amelia

    Hi Kerri!
    That’s a tough situation to be in. You will probably qualify for FMLA leave for up to 12 weeks, but FMLA is unpaid, as you probably know. Still, that will ensure that you have a job to return to after 12 weeks.

    Legally, the child’s father is responsible for supporting the child, including paying medical bills. It is not fair for your child to grow up in poverty (and that is what will happen if you do not collect child support.) So you must take action to protect your baby by pursuing this.

    You can also apply for TANF, Temporary Assistance for Needy Families, the program that was once called welfare, and food stamps. Both of those programs will provide some temporary help, and TANF will assist you in collecting child support from the baby’s father. HTH, and thanks for reading the blogs!~ Amelia

39. Posted by: Melissa

    Hi Amelia. I worked for a small authorized retailer for a cellphone company in Florida. When I found out I was pregnant, I took up on the company’s medical insurance and because of that, everyone at my job including all my bosses found out that I was pregnant. In the time I had no other insurance so I wasnt able to go to a doctors office for my severe morning sickness. Two days after I got my health insurance, the company said that they were letting me go because I was too expensive.
    So I filed for unemployment and they didn’t give it to me because they said there reason for letting me go was because I was always late. I would be late on occasion (for how sick I was, it was very little), but I would always call and they knew it was because of the morning sickness. I never call out sick and I never was given any warning. I never signed anything or was told by anyone that being alittle late was a big problem. My boss told me that whenever I feel sick, to call her and let her know I would be running late, so I did.
    Now it seems like they did fire me because I am pregnant and dont want to pay me the unemployment. The company has been downsizing a lot and everyone else that was let go got unemployment except me. I filed for an appeal. Do you think I will be able to get my umemployment? If proven they fired me for being pregnant, and I entitled to anything else?

40. Posted by: Amelia

    Hi Melissa,

    This is a tough situation. First of all, it’s not entirely clear how everyone learned that you were pregnant. If it was part of a discussion about health insurance with a supervisor or HR person, that might have been a violation of federal HIPAA laws.

    In many states, when you are unemployed through no fault of your own, you qualify for unemployment. An employee who was tardy “just because” would probably not qualify for unemployment. However, if you were repeatedly tardy due to severe morning sickness, that is beyond your control and it is possible that you will win the appeal.

    If the employer had 50 workers within 75 miles, you should have been offered unpaid FMLA leave.

    We agree that the employer is trying to avoid paying unemployment. Almost all employers do — it’s more or less a game to them, to reduce the employers insurance premiums. Because the employer laid off a number of people, you would probably not get your job back — but you might qualify for unemployment on appeal.

    If you feel that the employer discriminated against you due to your pregnancy, you can certainly file a complaint with the EEOC at http://www.eeoc.gov. They will investigate, and if they find a basis for your complaint, they will sue the company for you — at no charge to you.

    We do want to clarify one point, though. Being tardy– even a few minutes tardy — is a problem for every employer. If you are physically able, you need to get to work on time. (If you are not physically able to get to work on time repeatedly, you do need to see a doctor, for your own protection.) Just something to keep in mind for your next job. HTH, and thanks for reading the blogs!~ Amelia

41. Posted by: Melissa

    Thanks so much for replying to me! I wanted to clear up a few things u wanted to know. How the company found out was I asked one of my supervisors about pre-exsisting conditions for the health insurance. We were reading the packet and it talked about pregnancy, that is when she asked me….more like pressured me into telling her, so I did tell her, but because I felt like I had to tell her. My mistake. So over the course of a few weeks, the rest of the company found out. I only willingly told one other employee (not in management or supervisor position) but that was after all the other management found out about the pregnancy. The company unfortunatly was less than 50 people in 75 miles so I know that I wouldnt of qualified for the FMLA, but it seemed like after they found out about the pregnancy, they were always asking me “what am I doing for leave when I have the baby” I would usually tell them I dont know (I was only 7 weeks pregnant) or that I return to work. I would have been the first woman in the company to work there and be pregnant.

42. Posted by: Amelia

    Hi again Melissa!
    Thanks for the clarification. This does sound like a violation of HIPAA, which is enforced by the U.S. Department of Labor at http://www.dol.gov. The supervisor should not have required you to tell her you were pregnant, and because it was part of a healthcare conversation, she should not have shared that information with the other managers.

    You may very well be the victim of pregnancy discrimination. It sounds like the company has mostly male employees and does not know how to deal with a pregnant worker. HTH, and thanks for reading the blogs!~ Amelia

43. Posted by: sky

    I am 10 wks preg, and I have let my boss know. He says that I can only take two weeks off work when the baby comes. Can he do this and is this even enough time to heal? I do work for a small comp probably just under 50 people, it is a very physical job. I do not get paid for this but he said I might be able to collect unemployment? Also they did pay another employee for 12 weeks when she gave birth.

44. Posted by: Amelia

    Hi Sky! Your boss can’t tell you that you can only take 2 weeks off for childbirth. Only you and your doctor can decide how much time you need to take off. Normal disability period after chidlbirth is 4 to 8 weeks. Especially if your job is very physical, your doctor may not release you to go back to work sooner.
    If your employer has 50 or more workers within 75 miles, for 20 or more weeks of the year, then you are entitled to 12 weeks of unpaid, job-protected leave under FMLA.
    If your employer has less than 50 workers, then you may not be entitled to your job back, if you are out more than 2 weeks.
    If you lose your job because you are on childbirth disability, once your doctor clears you to go back to work, you may — we stress may — qualify for unemployment while you search for a new job. But you will not qualify for unemployment while you are unable to work.
    If the company paid another employee for 12 weeks of maternity leave, they may be obligated to pay you. If they don’t, and the difference is based on race, color, religion, etc. that could be illegal discrimination. HTH, and thanks for reading the blogs!~ Amelia

45. Posted by: Mrs, Fuentes

    I was on maternity leave from 12/3/08 to 03/04/09 with no pay. Is there any state or govt assistance.

    Also my 2yr as an employee at my current job was in February.
    Do I have vacation rights for this year?

    Thank you

46. Posted by: Amelia

    Hi Mrs. Fuentes! Unfortunately no, neither the state of Florida nor the federal government offer any short term disability. If your family has no income, you may qualify for TANF or Temporary Assistance for Needy Families, the program formerly known as welfare.
    Florida employers are not required to grant paid vacations to employees. If the employer does offer paid vacations, the employer can set the policies surrounding them. HTH, and thanks for reading the blogs!~ Amelia

47. Posted by: tcfit

    i was out on FMLA leave from dec 3 to feb 25th and i got a letter from my employor dated the 24th feb stating they have terminated my employment as of the 26th feb for failure to return to work. can i claim unemplyment in state of florida i am able to work now thanks

48. Posted by: Amelia

    Hi tcfit! Under federal law, employees are entitled to 12 weeks of unpaid, job-protected leave under FMLA. So unless you used some FMLA time before Dec. 3, you are probably entitled to your job back.
    But to answer your question, yes, you can certainly apply for unemployment and may well be eligible. HTH, and thanks for reading the blogs!~ Amelia

49. Posted by: LNA0513

    I have had a lot of trouble with my pregnancy and have had to use most of my sick/annual time. I dont have enough to cover my 6 weeks of maternity leave. I will basically get paid 14.50 weekly instead of my 40 hours if I break my time up into 6 weeks. My question is there any form of payment for the difference in pay? Does the Short Term Compensation with Unemployment Cover this? Could I apply for Unemployment Compensation? I really need my pay its my first baby and I am going to be a Single parent.

50. Posted by: Amelia

    Hi LNA0513! Unfortunately, no Florida does not offer any short term disability benefits. And, you cannot collect unemployment while you are on childbirth disability. You must be ready, willing and able to work, and actively looking for work, to collect unemployment. You may qualify for up to 12 weeks of FMLA leave, but it is unpaid.
    Although you are a single parent, you owe it to your baby to collect child support from the father. If you cannot afford a lawyer, contact the local Legal Aid society. If you are still destitute, look into TANF or Temporary Assistance for Needy Families, the program formerly called welfare. HTH, and thanks for reading the blogs!~ Amelia

51. Posted by: Lex111

    I live and work in Florida at a state public University. I know “rolling” FMLA applies here, as does Parental Leave (up to 6 months/unpaid/may begin 2 weeks prior to expected date). Parental leave may be used concurrently with, not in addition to, FMLA leave.

    My husband and I would like to begin planning for a baby but I’d like to know my rights beforehand.

    According to the short-term disability agency I spoke to, with a 30 day elimination period (I would plan to use 30 sick days during this period), I would be entitled to only 2 weeks of disability pay as only 6 weeks leave is standard for a normal pregnancy. Where does this 6 week rule come from if FMLA is 12 weeks? I realize they are probably two different things but I would appreciate any clarification.

    Does it make any sense to start a short-term disability policy for pregnancy if it only covers 6 weeks for a normal pregnancy/8 weeks for c-section, (unless there is a Dr. note saying I can’t work past 6 weeks) taking into consideration there is a 30 day elimination period? Please help me sort this all out.

    Thank you!

52. Posted by: Amelia

    Hi Lex111! The questions you pose are shared by many women.
    FMLA is the federal Family and Medical Leave Act, which grants employees up to 12 weeks of unpaid, job-protected leave for several reasons, including childbirth or baby bonding.
    (We will note that your employer, a Florida university, very generously offers up to 6 months of unpaid leave — far beyond what most Florida employees receive.)
    However, short term disability insurance covers only the period when you are physically unable to work. It will not pay benefits for the time you are physically able to work but choose to stay home with the baby, for baby bonding.
    Suppose your baby is born on June 1 and your doctor releases you to go back to work on July 15. Your employer permits you to stay home with the baby until December 1. However, because you are not disabled from July 15 to December 1, you are not entitled to any short term disability payments for that period.
    You are correct that for a normal pregnancy and delivery, the mother is disabled for 6 weeks, or for 8 weeks with a c-section. However, not every pregnancy is normal. Every week we hear from young mothers whose doctors have put them on bed rest a month before their due date. It is not unheard of for a woman expecting twins to be on bed rest (i.e. unable to work) starting in the 5th or 6th month. In that case, the woman would collect short term disability benefits for 4 or 5 months before delivery.
    Every short term disability insurance policy is different. Many pay benefits within one or two weeks, rather than after a 30-day waiting period.
    New FMLA regulations permit employees to use all their vacation time, personal days, PTO or other paid time off, in addition to sick days, while on FMLA leave. However, some short term disability policies will not provide benefits until you have exhausted all your paid leave.
    The only way to decide if short term disability insurance makes sense for you, is to total up the premiums and then figure how much you are likely to be paid for 4 to 6 weeks of disability. (If the short term disability premiums are high, you may be better off putting that amount in the bank every month, and then drawing on your savings when you are on leave.)
    We will say, however, that it is a good idea for anyone to have short term disability insurance. We hear from people every week who have had an auto accident or a heart attack, cannot work, have no income, and do not qualify for any benefits. Many employers are offering short term disability with the group health insurance, for just a few dollars more. Be aware, however, that normally the policy will not cover the pregnancy, unless it is purchased before you become pregnant. HTH, and thanks for reading the blogs!~ Amelia

53. Posted by: Lex111

    Thank you for your response.

    To clarify, if I sign up for a STD policy with a 30 elimination period and I use 30 days of sick (I was told that I don’t have to exhaust all leave)- my question is, do I start getting STD benefits on day 31 continuing for an additional 8 weeks?(which would total 12 weeks) Or do they continue for only an additional 2 weeks?(which would total 6 weeks). This is what I can’t seem to get a clear understanding of….I’m confused about whether 6 weeks or 12 weeks applies in terms of totaling STD and the 30 day elimination period. Thank you again for your help!

54. Posted by: Amelia

    Hi again Lex111! If you were disabled for 6 weeks, and had a 30-day elimination period, then the benefits would continue for only 2 weeks.

    You are entitled to short term disability only during the period that a doctor certifies you are not physically able to work. Many, perhaps most, employees on FMLA are not entitled to short term disability. Once the doctor says you are physically okay to go back to work, short term disability benefits stop — even if you continue to stay home on FMLA.

    Every short term disability policy is different, and most do not include a 30-day elimination period. HTH, and thanks for reading the blogs!~ Amelia

55. Posted by: Stacy

    Hi, I gave birth on 2/3/09 and I’m currently ready to go back to work (I had 9weeks leave with 6weeks STD pay: 3 weeks prior to birth). I called my job to talk about my return date only to find out that my job has been filled because they couldn’t continue to pay a temporary agent due to financial hardship. So she then offered another position same pay but TOTALLY opposite shift hours and a more demanding position. Can I demand more pay? and when should I do so? Also, the position will not be available for another 30-45 days. Can they do this? My job has 50+ employees.

56. Posted by: Amelia

    Hi Stacy! No, your employer probably cannot do this. If they have more than 50 employees within 75 miles, then you were entitled to unpaid, job-protected leave under FMLA. The federal Family and Medical Leave Act entitles employees to up to 12 weeks of unpaid leave. It applies to employees who have worked for the company for at least 12 months, and have worked at least 1250 hours during the past 12 months. The employer should have notified you that you were eligible for FMLA within 5 days of your first absence. Under FMLA< you must be returned to your original job. HTH, and thanks for reading the blogs!~ Amelia

57. Posted by: Valerie

    Hi I currently work for a small company (6) and recently got put on part-time after 6 years of employment (prior to announcing my pregnancy). Do these acts only apply to full-time employees?

    Thank you.

58. Posted by: Amelia

    Hi Valerie! FMLA applies to part-time employees, however, it only applies to employers with 50 or more workers within 75 miles. It sounds like your employer is too small to be covered under FMLA. HTH, and thanks for reading the blogs!~ Amelia

59. Posted by: Heather

    My sister is having twins. The doctor took her out of work at around 31 wks due to complications. If she goes full term for twins she ends up only getting about 5wks maternity and that’s with a c-section. Her company HR department will make no special accommodations, even though her boss has requested it. I live in NJ and our laws are much better. How do these laws work in FL, it seems unreasonable. I expect more from a company like hers which is founded and based on “Christian” principals. Any advise?

60. Posted by: Amelia

    Hi Heather! No. We’d like to be able to offer more hope, but under the current laws, your sister may lose her job. Florida has no meaningful family leave law, so the federal FMLA applies. The FMLA permits an employee to take a total of 12 weeks of unpaid, job-protected leave in a 12-month period. Once that leave is exhausted, if your sister is not able to return to work, she will likely lose her job. This is the case in most U.S. states. Unfortunately, if the company was to make an exception for your sister, it would have to make an exception for every other employee, too, or be accused of discrimination. HTH, and thanks for reading the blogs!~ Amelia

61. Posted by: CANDICE

    hi,
    my question is, I have been working for a Florida company that has over 50 employees for three years now. I started and worked full time for a year and a half then went to part time due to attending school. When i started school they took my benefits away. I am now 6 1/2 months pregnant. My work wants me to write a letter of resignation but if i do so then i am pretty much helping them out? In the state of Florida am I eligible for an kind of paid benefits? especially the fact that i am single.

    I have also been very sick with a cold, and have had severe back pain. It’s weird because they do not document when I call out for being sick. When usually they are on top of the game of documenting everything.

    should i write them a letter of leave? they only give six weeks leave and i definitely want to stay home longer. If i do so then they say i have to resign but they will hire me back. And can I get any kind of paid benefits?

    Thank you.

62. Posted by: Amelia

    Hi Candice! If the Florida company has more than 50 employees within 75 miles, by law they must grant you up to 12 weeks of unpaid, job-protected leave under FMLA, the federal Family and Medical Leave Act. The great thing about FMLA is that you are guaranteed your same job when you return from leave.
    There are no Florida paid benefits for maternity leave. Only the most generous employers offer this benefit. If the employer gives you any problems when you request FMLA leave, contact the U.S. Department of Labor at dol.gov.
    You absolutely should NOT write the employer a letter that you quit. They will not have to give you a job after your maternity leave, and they will also avoid paying unemployment once you are able to work again. Please feel free to post any additional questions that you might have. HTH, and thanks for reading the blogs!~ Amelia

63. Posted by: Marta Valls

    I gave birth August 2008 and returned to work at the beginning of November. On April 23 I was let go due to resizing of the company. I was still breastfeeding at this time. Isn’t there a Florida law that helps women that are still breastfeeding their child??

64. Posted by: Amelia

    Hi Marta! Several states including Illinois and New York have breastfeeding laws. These laws require employers to make reasonable accommodations to allow a breastfeeding mother unpaid time to use a breast pump. None of these laws prevent a brestfeeding mother from being laid off. And in any case, Florida has debated such a law several times, but has never passed one.
    You may be thinking of WIC, a federal program to help poor mothers (and their infants) by providing a subsidy for milk, cheese, and certain other foods. TANF (Temporary Assistance for Needy Families, the program formerly known as welfare) also provides basic benefits for those who are in financial straits. HTH, and thanks for reading the blogs!~Amelia

65. Posted by: Sharon

    I am 32 weeks pregnant. I called my HR dept because I wanted to ensure I filed the right FMLA paperwork and gave advance notice of my leave, etc. They informed me I couldn’t put in more than a 30 day advance notice (due date is Aug 5th) which is fine. But what the HR employee did say was that they only considered the 1st 6 or 8 weeks of maternity leave covered under FMLA. She said that I was not entitled to take the full 16 weeks (my company offers 4 additional weeks above the 12 weeks by FMLA) for “birth or care of a newborn child”, that I would be required to take what they call “parent leave”. This leave is unpaid for up to 3 years with no job protection AND by manager approval only.

    Is this legal? Can they deny me the full 12-16 weeks FMLA offered to care of my new baby/bonding and require me to take the non-job protected leave?

    Also, what is the distinction between using FMLA for a “medical condition” vs. “bonding & care” of a new child(assuming leave is taken immediately after birth)? Can your employer in Florida deny your FMLA claim for either scenario?

    One more thing- I am due the 2nd 1/2 of a hiring bonus (I have the verbiage in writing in an offer letter that I will receive 1/2 the bonus at 6mos & 1/2 at one year of employment) and my 1 yr time period will be during my FMLA leave- do I get paid on that bonus as soon as I return to work?

66. Posted by: Amelia

    Hi Sharon! The problem here is that an employee must have worked for the employer for 12 months, in order to qualify for FMLA. If you had worked there 12 months, you would be entitled to 12 weeks of unpaid, job-protected FMLA, and the employer could not deny it.

    If the employer has more than 50 workers within 75 miles, then legally they must grant qualified employees up to 12 weeks of unpaid, job-protected leave under FMLA. There is no difference between FMLA for a serious health condition and for baby bonding. New parents, including parents of adopted children, are entitled to up to 12 weeks of unpaid, job-protected leave at any time of their choice during the baby’s first year. This FMLA leave applies to new fathers as well as new mothers.

    FMLA is limited to a total of 12 weeks of leave in a 12-month period, for all reasons. So if you are entitled to FMLA you can take 12 weeks of unpaid, job-protected leave after the birth of your child, even though you will only be medically “disabled” for 4 to 8 of those weeks. Unfortunately, you are not qualified to take FMLA if you have worked for the employer less than 12 months.

    Our best guess is that you also do not qualify for the company’s “birth or care of a newborn” leave, because you have been with them less than 12 months. Very few companies give any leave or maternity benefits to employees who have been with them less than 12 months. It’s usually: “See ya!”, meaning the employee loses her job for absenteeism.

    So this employer is being extremely generous to give you unpaid leave for the 4 to 8 weeks that you are medically disabled after childbirth.

    Normally, the second half of your “hiring” bonus would be due after you completed 12 months of work. That means if you took 2 months off for leave during the initial 12 months, the second installment would be due 14 months after your start date, assuming you were still employed in the same job at that time. (But the actual wording of your agreement may differ.)

    The company may be taking this tactic to avoid paying the second half of your hiring bonus. If they gave you 6 to 8 weeks of unpaid leave, and put you in another job afterwards, they could avoid paying the “hiring bonus”. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.dol.gov/esa/whd/fmla/

67. Posted by: JC

    Hi:
    I work for a small company less than 10 employess; ZERO benefits. I am in charge of all the accounting.
    I told my boss I was planning to have a family, she told me - they will give me 2 weeks off unpaid after my baby was born. (i didnt discuss it since I thought it’s imposible to leave a newborn after 2 weeks; besides your body has healed)
    I found out I was 5 weeks pregnant. And decided to tell her.According to her I will work until the last day of birth, then I got 1 week to return.
    Is this legal?
    I know I am not protected by FMLA nor I will have paid leave. What’s the minimun I am legaly entitled to have off?

68. Posted by: Amelia

    Hi JC! We really, really wish we had better news for you. Obviously, your boss is being completely unreasonable. Unfortunately, what she is doing is legal in Florida (although it would be illegal in many states.) As you noted, the company is too small to be covered by FMLA, the federal leave law. Sadly, Florida has no family leave law at the state level. So the employer is not required to give you even one day off.
    There is a federal law against pregnancy discrimination. Unfortunately, it covers employers with 15 or more workers. Florida has a discrimination law, but it does not protect pregnant workers.
    Most doctors require that a woman take 4 to 6 weeks off after a normal delivery, and longer after a c-section. So your boss is basically telling you that you will be terminated after the baby is born. The good news is, once you are recovered from the childbirth, you will probably qualify for unemployment benefits. And frankly, you are better off not working for this person.
    Your boss cannot “make” you work until the day the baby is born. Most doctors will provide you with a doctors note to stay home sometime during the last 1 to 4 weeks of the pregnancy. Just call in as you usually would. The employer will terminate you, but that’s what you want — so you can collect unemployment. (Unfortunately, if you quit you probably will not be able to collect unemployment.) Sorry — we wish we could help more!~ Amelia

69. Posted by: Dawn

    I understand the details of FMLA, but is there a minimum of PAID leave that must be provided for those who have just given birth? Our company policy so far has been 6 weeks paid leave, but some people are currently questioning that. I have just been given the HR portfolio & have not been able to find anything on PAID leave, only unpaid leave. If there is not a legal requirement, does anyone know the industry standards for a bank?

70. Posted by: Amelia

    Hi Dawn! No. There is no requirement in Florida or in most states that an employer must provide even one day of paid leave for childbirth. Across all industries including banking, 75% of employers offer only unpaid leave. Since you are familiary with FMLA, you are aware that the new 2009 regulations permit an employee to use any vacation, sick leave or other paid leave as a portion of his or her FMLA leave.
    If your employer is offering 6 weeks of paid leave, that is far more than most employers in the banking industry provide. HTH, and thanks for reading the blogs!~ Amelia

71. Posted by: Alisha

    Hi,

    I work for a company that falls under FMLA and just finished my sixth week of maternity leave. Before I went on leave I told them I would be coming back in August but I want to come back now. My supervisor said that they cannot accommodate me right now but that they are holding my job and will put me back on the schedule in August. Are they allowed to do that? I know that I told them that I would be returning in August and realize they hired a temp to replace me for the summer, but if I want to come back early can they hold me to the date I initially said I would return?

    Thanks! -Alisha

72. Posted by: Amelia

    Hi Alisha!
    As long as you have a doctor’s note that states you are physically able to return to work, they must return you to your original job. There is no provision under FMLA for an employer to force an employee to stay on FMLA longer than is necessary. Inform your employer that you intend to return to work on a certain date (perhaps 6/29 or 7/1 or whatever) and then show up. If they refuse to put you to work, file a complaint with the US Department of Labor at http://www.dol.gov — they will be in violation of the FMLA law. HTH, and thanks for reading the blogs!~ Amelia

73. Posted by: Deborah

    I work for a large (more than 50 employees) hospital rehabilitation center in Florida. In 2008 I had a baby and took 12 weeks FLMA along with 4 weeks of accrued sick/vacation time for a total of 16 weeks off. I am pregnant again and due in November of this year. I intended to take another 12 weeks FLMA along with my accured sick/vac time, just as I did last year. My employer says I can take the 12 weeks FLMA but this time I cannot use my sick/vacation time to stay out any longer than the 12 weeks. Is this legal?

74. Posted by: Amelia

    Hi Deborah! Yes, this is legal, and it always was. The employer has simply changed their leave policies since last time you were pregnant.
    Under FMLA, an employee is entitled to up to 12 weeks off for a serious health condition or baby bonding. However, there never was a requirement that the employee be permitted to use the 12 weeks plus several weeks of vacation or sick leave.
    Under the 2009 FMLA regulations, you are permitted to use any paid leave AS PART OF your 12 weeks of FMLA. But the employer is not obligated to grant you even one additional day of leave, paid or unpaid — and most do not. A few states have family leave laws that grant additional benefits — Florida does not. HTH, and thanks for reading the blogs!~ Amelia

75. Posted by: Jess

    Hi,

    I am 7 months pregnant and was informed today that my boss cannot grant my leave request, as it is too long. She says I am not covered under FMLA because I have not worked for the company for 12 months. My question is, if they decide to hire someone in my abscence, would I be able to file for unemployment benefits until I can find another job. My leave request was for 11 weeks, one week before I am due and 10 weeks after.

    Thanks,
    Jess

76. Posted by: Amelia

    Hi Jess! Unfortuantely, your boss is right about you not qualifying for FMLA. And it sounds like your boss is telling you that you will not have a job to return to.
    Employees who are willing and able to work, and actively looking for work, and out of work through no fault of their own, usually qualify for unemployment.
    In all probablity, your doctor will not permit you to work for 6 weeks after the birth, and possibly a week or so before the birth. So you will not qualify for unemployment during that time, because you are not able to work. Once you have a doctor’s release to return to work, if you are actively looking for work, you may qualify for unemployment. The only way to know for sure is to apply. HTH, and thanks for reading the blogs!~ Amelia

77. Posted by: Mishanda

    hello,

78. Posted by: Mishanda

    I am 6months pregnant. I worked for a corportation for 2 years. I seperated from them due to some problems in the company. Its a very long story but I became pregnant and came back to work in a different location 4 months later. In this time I lost my benefits but was rehired. I also recently became a single pregnant mom. I was reading our benefits handbook and am eligible to apply for short term disability; however, it says the plan has a 12-month pre-existing conditon exclusion. I am pretty sure that means I can’t get paid for maternity. If I cannot collect florida state unemployment, how do I survive with my two children????

79. Posted by: Mishanda

    I apologize this is my first time using one of these blogs. That end statement actually would be 2 children and new baby? I would have absolutely no income. I also wanted to say thank you in advance for you answers or any help you could give me!

    Mimi

80. Posted by: Amelia

    Hello Mishanda!~ Amelia

81. Posted by: Amelia

    Hi Mishanda! This is a really tough situation, and you have our sympathy. First of all, you may not lose your job. If the employer has more than 50 workers, you probably qualify for up to 12 weeks of unpaid FMLA leave. FMLA applies to an employee who has worked for the company for 12 months or more — but they need not be 12 consecutive months. So if you have worked 1,250 hours in the past 12 months, you can take FMLA and then return to your job.
    However, money is still the problem. You are right. Your pregnancy is not covered under the company short term disability program, because you were pregnant when you came to work there. About 90% of US workers do not have paid maternity leave.
    As far as supporting yourself and your children…the children’s father should be paying his fair share in the form of child support. For your children’s sake, make sure he does. The baby’s father should be supporting you while you are unable to work. If your income is very low, you may also want to apply for food stamps and TANF (Temporary Assistance for Needy Families) — the program formerly known as welfare. Check with the department of human services in your county to see what other assistance is available. HTH, and thanks for reading the blogs!~Amelia

82. Posted by: Amelia

    Hi again Mimi! No problem! Best of luck to you!!~ Amelia

83. Posted by: Carrie

    I work for a Hotel in Florida that employs up to 54 employees including part time. I have 5 weeks of paid vacation time that I am planning to use and I was curious as to whether I also qualified for the 12 weeks of unpaid leave under the FMLA act. I would like to use 2 weeks of the 12 to cover the extra two weeks that I am planning to take off. I have also asked the HR dept. to have all of this put into writin because as much as I hate to say it the ownership of this Hotel is very shifty and would try and get out of pretty much anything.

84. Posted by: Amelia

    Hi Carrie! It appears that your employer has more than 50 workers within 75 miles, so FMLA (the federal Family and Medical Leave Act) would apply. FMLA entitles you to up to 12 weeks of unpaid, job-protected leave combined for pregnancy, childbirth disability and baby bonding. Be aware, however, that the employer can count your 5 weeks of vacation as part of FMLA. In other words, the employer must give you 12 weeks of time off, total, including your 5 weeks of paid vacation. You must also follow the employer’s usual policies regarding requesting vacation. HTH, and thanks for reading the blogs!~ Amelia

85. Posted by: Christina

    I am 5 1/2 months pregnant and have an interview with Hospice for a receptionist position. I don’t look pregnant yet but will soon. I am a single mom living alone. I am high risk and can no longer keep my current job much longer because of lifting. I am not seeking medical benefits at this time. If they hire me and find out I am pregnant, will I have a job when I come back? I am only taking 4 weeks maternity leave due to finances. Is that legal as well? If I don’t get this job and have to go on bed rest soon, how will I support myself? I have been looking for a job for two months now. If I had a sit down job I could work until due date.

86. Posted by: Amelia

    Hi Christina! We have empathy for your dilemma. Unfortuantely, federal law does not provide much protection for pregnant employees unless they have been with the employer for 12 months or more.
    If you had been working for the employer for 12 months before you went on maternity leave, then under the federal FMLA the company would have to return you to your job. (Assuming the employer is large enough for FMLA to apply.) However, there is no protection for a Florida employee who has been with the company less than a year, and takes 4 weeks of leave for childbirth or another medical problem.
    As far as how you will support yourself, the baby’s father has a legal and moral obligation to provide child support. For your child’s benefit, you should pursue this as soon as possible. It is almost impossible for a single mother to support a child alone, unless she has a very high-paying job.
    How long you are on maternity leave is up to your doctor. Many doctors require that you take 6 weeks off of work. However, some will let you return to work after 4 weeks. Unfortunately, the doctor cannot guarantee that your job will be waiting for you after 4 or 6 weeks.
    You can apply for TANF (Temporary Aid for Needy Families, the program that used to be called welfare), food stamps and Medicaid in the mean time. You may also qualify for unemployment if you can still do some types of work (such as receptionist) but must leave your current job for health reasons. HTH, and thanks for reading the blogs!~ Amelia

87. Posted by: LG

    Good evening:

    I work for a community bank,with my employer you have to take any sick time, vacation, community time etc before taking the 12 weeks for FMLA which works perfectly for me. My questions are:
    - when is it soon enough to tell my boss that I will be leaving for maternity leave?
    - can I take more than the 12 unpaid weeks without loosing my job?
    - and If after birth I decide not to work for some time, should i wait after the 12 weeks to “quit” or should I call them right away?
    - also can my employer categorize me under “non rehireble” for not going back for 2 weeks after baby is born?

88. Posted by: Amelia

    Hi LG! Under FMLA, an employee must give the employer as much notice as possible of the dates of FMLA, when it is foreseeable. Letting the employer know 60 days ahead of time is standard with maternity leave. If your due date is October 1, and you want to work as long as you can, then you would let the employer know on August 1 that you plan to take FMLA beginning October 1. (Naturally, if you go into labor sooner than expected, you will have to take FMLA immediately, but that is not “foreseeable.”)
    If your employer permits you to take any paid leave before going on FMLA, that is very generous. Most employers count any paid leave such as sick leave or vacation as part of the 12 weeks of FMLA. So even though part of the leave is paid, the employee can be off for a maximum of 12 weeks.
    In most cases, an employee who is off work for one day more than the 12 weeks of FMLA can be terminated for excessive absenteeism. So it is important to know what your expected return date is. (Note that any time off for prenatal appointments, etc. during pregnancy counts as part of the FMLA leave.)
    You should inform your employer that you will not return to work as soon as you are sure of that decision. If your employer pays benefits while you are on FMLA (such as a portion of your health insurance permium) you will be required to repay that amount when you quit.
    The employer can set whatever policies they like regarding who is and is not rehirable. If an employee went on FMLA/maternity leave and indicated that they would be returning to work, and never returned, the employer would be entirely justified in making that employee non-rehirable. The employee lied, and left the employer in a bind. However, if the employee makes it clear from the beginning of leave that she does not plan to return after the baby is born, most employers would make her rehirable — especially if the employee gave two weeks’ notice and volunteered to train a replacement. That is an understandable decision. But again, there is no law that an employer must be reasonable. HTH, and thanks for reading the blogs!~ Amelia

89. Posted by: renee

    I have worked for this company for nine yrs and have given birth three times while being there. However before leaving on maternity leave the last time there was a dispute between myself and a new employee that is a family friend of the owner. We were bvoth given written warnings before I left on maternity leave. I tried to return to work early with a doctor’s note and was given the run around but eventually was allowed to come back but to a different position same pay, hours,etc. My question is since I am pregnant again how long do I have to be off if I have a doctor’s note to come back.

90. Posted by: Amelia

    Hi renee! If the company has 50 or more employees within 75 miles, then you can take up to 12 weeks of unpaid FMLA. That’s 12 weeks total, for any prenatal appoints, for childbirth and for baby bonding. (A smaller employer can actually terminate you for excessive absenteeism.) Under FMLA, you are entitled to the same job when you return.
    However, there is no federal or state law that you MUST take 12 weeks off. The employer can justifiably refuse to let you work without a doctor’s release. However, once your doctor has released you to work, the employer cannot force you to stay off work. That is pregnancy discrimination under the federal PDA or Pregnancy Discrimination Act. Under PDA, when a woman takes time off for maternity leave or returns from leave is a private matter between her and her physician. HTH, and thanks for reading the blogs!~ Amelia

91. Posted by: H W RUDD

    I am an employee for the State of Florida. I am leaving next month to adopt a child from China. Am I entitled to the 6 months of unpaid parental leave to care for the newly adopted child.

92. Posted by: Amelia

    Hi HW! In Florida, this is a matter of employer policy, not state or federal law. You need to consult with the HR department to learn what benefits you are entitled to.
    Florida has no family leave law at the state level. If your employer is covered by the federal FMLA, you would be entitled to up to 12 weeks of unpaid leave for baby bonding, in the infant’s first year of life. This “baby bonding” leave also applies to adoptive children of any age, during the first year of placement OR adoption (but not both.) There is no Florida or federal law that requires employers to give workers 6 months of leave, paid or unpaid.
    In some states such as Colorado, adoptive parents must be given the same benefits as biological parents. Florida does not currently have such a law. HTH, and thanks for reading the blogs!~ Amelia

93. Posted by: Yazmin

    I have a question I exceed my FMLA. I was with the company for 3 years i just had alot of complication in my pregnancy. Before giving birth I exceed my FMLA. so I filed for unemployment the denied me because I was on disability. However they send me a notice to file an appeal within 20 days. But I could because I was on bed rest and also I was in the hositpal mostly and i also delivered my baby with that time as well. So i filed the appeal late. They dismiss my unemployment. Would I be able to fight if I have supporting doc to show that I was unable to do anything.

94. Posted by: Amelia

    Hi Yazmin! That depends upon why your unemployment was denied.
    Generally, workers are entitled to unemployment only when they a) are physically able to work and b) are actively looking for a job. While you were on bed rest, in the hospital and for about 6 weeks after delivery, you were not physically able to work. So you would not be entitled to any unemployment benefits.
    If you now have a doctor’s release, you can file another unemployment claim. It is not clear whether you will qualify or not. HTH, and thanks for reading the blogs!~ Amelia

95. Posted by: renda

    I am 20 years old and five months pregnant. I was employed at a chiropractic office in May of 2009. As soon as i found out i was pregnant i decided to inform the Doctor (employer) of the news i figured i was new with the company and if i were to get fired i would of preferred if it would be earlier in the pregnancy where my chances of obtaining another job would be greater. So to my advantage i was not fired. I was very grateful and tried my hardest to prove that my pregnancy would not interfere with my job duties. Well time went by and my hours were cut and i sort of felt things were getting personal, but i never complained i was just happy i still had a job.
    On Monday Morning September 14,2009 a truck carrying fuel turn over on the Florida turnpike, i do not take that route to work but the turnpike was shut down in order clean the spill. Do to the accident traffic in local streets was doubled. I did call work to inform them of my tardiness. When i arrived to work i was greeted by the Doctor (My employer) with a First Written Waring stating that i must ” to stay home and rest for 72 hours due to being 30 minutes late.
    To my knowledge that is not a warning that is a 3 day suspension. Is that right? I have never been late and never the less received a warning for any infractions. The Doctor asked me what was the reason for my tardiness and i responded I was stuck in traffic. He raised his voice and said how about the rest of the times you’ve been late, and i said I’ve never been late. I told him it was out of my control, it was very bad traffic. He said well I don’t care and asked me to sign the warning. I read the paper and told him i didn’t agree with this punishment and that i was not going to sign it.
    He yelled once again that if i didn’t sign it i would be fire. (Threat?) I told him i wouldn’t Sign it and he said then you are fired get out.

    I was doing some research and i read that some states have laws that cover employers with fewer than 15 employees. I live in Florida and i wanted to know if Florida has that law. I am very devastated i lost my job for a reason that seemed very unreasonable. and i would like to do something about this.

96. Posted by: Amelia

    Hi renda! This is a tough situation and you have our empathy. Unfortunately, there is no Florida or federal law that prohibits your employer from taking these actions if the employer has less than 15 employees. If our mail is any indication, many doctors do a poor job of HR management in their practice.
    Your employer can suspend you for being tardy, even if it is your first offense. Employers have the right to decide how to discipline an employee. There are no rules about when an employee can or cannot be suspended.
    There seems to be a misunderstanding about your attendance record. The doctor felt that you have repeatedly been tardy before, and you felt that you had not. A better way to handle this situation would be to remain calm and not argue the point. A few days later, when both of you are calmer, you could have a one-on-one discussion with the doctor and explain that as far as you know, this is your first episode of tardiness. It is possible that the doctor was given bad information, or that he expects you to arrive at work at a different time. (It is also possible that you are scheduled to arrive at 8:00 am, and when you arrive at 8:05 ot 8:10 am you do not consider that “late.” But the doctor might consider it late if you arrive at 8:01 am.)
    There is no law against an employer shouting at employees. It is not considered good business practice, but there is no law against it.
    It is futile to refuse to sign a written warning. Many employees make this mistake, but signing the warning only indicates that the employer had a conversation with you about this topic– not that you admit guilt. The warning still counts, even if you refuse to sign it. (Another employee can simply witness that the discussion took place, and sign the warning.) It is actually better to write “I disagree with the terms of this warning” and sign it, rather than refuse.
    It would be illegal for the employer to threaten to kill you, or to beat you up. But there is no law against an employer threatening to fire you. In this case, although it sounds like the employer lost his temper, he was simply giving you accurate information. If you refused to sign the warning, you would be fired. You refused and you were fired. There is nothing unlawful about this.
    We don’t really see that you have any case for wrongful termination. You were tardy, and you did refuse to sign the warning. We agree that this is unreasonable, but there is no law that requires employers to be reasonable.
    If the employer fired you because you are pregnant, then you might have a case for discrimination based on pregnancy — especially if another employee has been as late as you were today, and not been terminated. However, because your employer is so small, the federal anti-discrimination laws do not apply to him. You could certainly consult an attorney, but we doubt that you would win any lawsuit. HTH, and thanks for reading the blogs!~ Amelia

97. Posted by: flmom09

    hi! i am 29 wks pregnant and work at a pharmacy in fl. that is part of a chain grocey store. i have already had to miss and reschedule appointments because of work and my obgyn just decided that i could only work 8hr shifts instead of my 9-12 hr shifts and my direct supervisors and coworkers are giving me a hard time about it and have now scheduled me 8hr shifts 7 days a week. i am on my feet the entire day with only a 30min lunch and i have already had complications with my pregnancy including hyperemesis and hypotension and i also came down with the flu and missed 2 days. are they beaking any laws by scheduling me 8hrs 7days a week and when should i be able to say enough and start my leave?

98. Posted by: Amelia

    Hi flmom09! The employer is not breaking any law by scheduling you 7 days per week, as long as they pay you overtime after 40 hours.
    If your employer has 50 or more workers within 75 miles, and you have been with the company for 12 months, you are entitled to up to 12 weeks of unpaid, job-protected leave under FMLA. You can use FMLA intermittently for prenatal appointments. If you like (and your doctor agrees) you can also use FMLA to work fewer hours. For example, you could work 40 hours per week instead of 56 hours per week, and use 16 hours per week of FMLA. However, be aware that every hour of FMLA that you use before the baby is born, is one hour less you will have after the baby is born.
    Assuming that you work 40 hours per week, you have 480 hours of FMLA. If you use 80 hours of FMLA now, you will only have 400 hours (10 weeks) after the baby is born.
    When you go on leave is up to your doctor. When he provides a note that you are no longer able to work, you will begin FMLA. Many women like to work as long as they can, so they will have more time at home with the baby. However, be aware that if you are gone one day longer than your 12 weeks, you could lose your job.
    Ideally, you would give your employer at least 30 days notice of when you will be taking FMLA, so this is a good time to discuss that with your doctor. HTH, and thanks for reading the blogs!~Amelia

99. Posted by: Maria

    I work in a private preschool of around 12 employees. 3 women are pregnant and they are only going to be allowed 4 weeks out from the time they take maternity leave (NOT from the time the baby is actually born) if they want to keep their job. One, who is having complications, has left and the baby is not due until the end of next month.

    Is this legal?

100. Posted by: Amelia

     Hi Maria! Yes, this is entirely legal — in fact, the employer is being generous.
     Under the federal FMLA, or Family and Medical Leave Act, employees are entitled to 12 weeks of unpaid, job-protected leave for the birth of a child. (That’s 12 weeks total, not 12 weeks after the baby is born.) However, this law only applies to businesses with 50 or more employees within 75 miles. Some states have laws that provide similar benefits for employees at smaller companies. Florida has no such law — they have no family leave law at all.
     So the owner is providing 4 weeks more of maternity leave than she is required to by law. Having 25% of the employees at such a small company out on maternity leave is difficult, and we applaud the owner for allowing this. She could have terminated the women as soon as they missed a week or so of work. HTH, and thanks for reading the blogs!~ Amelia

101. Posted by: Kristina

     Hi!
     I recently returned to work after having to take leave for a knee injury. I went out on FMLA and STD from Aug 4th to Oct 17th of this year, I was cleared to return to work with sedentary duty only after being out for 2 weeks (STD elimination period was 14 days), I work as a floor nurse and was told that they did not have a position available in my job category and that I would have to take my FMLA leave.Are they allowed to force me to take my FMLA leave? I have been with this company for 5 years and in the past they have always made accomodations, I wasn’t even offered a job in another category. My reason for this question is that we were in the process of trying to get pregnant when I went out, and would still really like to continue with this plan for us. Is there any law requiring them to grant me leave for birth of a child? And I know that with FMLA that it is 12 weeks in a rolling 12 month period of time, so does that mean that I could plan for leave any time after Aug4th of next year and still be covered if its rolling or do I have to wait until after Oct17th of next yr to plan for leave again? They are currently in the process of cutting back pay on our STD from 100% of your salary to 75% (for my length of service) and we can purchase supplemental coverage for the other 25%, just am not sure if I should worry about purchasing for this year if it is not going to be a possibility of going out on leave until after open enrollment next year? My manager isn’t familiar with our rules and I hate to have to ask HR after just returning back from my leave.Also with this supplemental I believe they are changing the max time out to 90 days from 60 (which I exhausted) so does that help as far as giving me an extra 30??
     Thank you!

102. Posted by: Amelia

     Hi Kristina! Sorry, but it sounds like the employer handled this appropriately. Yes, the employer can force you to take FMLA when you are off work for an extended period for a medical problem. The alternative to granting FMLA is to fire you for excessive absenteeism.
     An employee with a permanent disability is entitled to a reasonable accommodation under ADA, the Americans with Disabilities Act. Your knee injury was not a permanent disability, and there really is no accommodation for a floor nurse who cannot stand or walk at work. They are under no obligation to offer you another position when the disability is short term.
     No, in Florida the only leave that employers are legally required to grant upon pregnancy or the birth of a child is FMLA. If you have used all your FMLA, you would be terminated for taking even a few days off for pregnancy or childbirth.
     It is important to understand that short term disability benefits and FMLA are two entirely separate issues. A short term disbility insurance policy pays monetary benefits under some circumstances — but does not guarantee the employee’s job. Some employees can collect short term disability insurance, but be terminated for taking more time off than FMLA permits. The switch from 60 days of std to 90 days does not extend FMLA.
     We suggest that any employee who does not have substantial savings buy short term disability insurance whenever possible, not just if they expect to get pregnant within the next 12 months. It protects you from unforseeable events. For example, in your case, if you re-injured your knee, you would have no job, and no income. Short term disability benefits would be very helpful in that situation. We get sad questions every week from people who neglected to buy it.
     It may be that the 75% short term disability benefit is provided by the employer rather than through an insurance policy. Be aware that employers pay short term disability benefits only to employees, not ex-employees. If you exceed your FMLA leave for the year, even by one day, you are likely to be terminated. In that case, you would be eligible for benefits under an insurance policy, but not directly from the employer.
     There are four different ways that an employer can calculate the 12-month period for FMLA. The rolling calendar is the most common, but your employer may be using another method. If your employer is using this method of calculation, you are correct that you would not have even one more day of FMLA until August 4, 2010. If you decide to inquire about this, you should frame it in terms of “I just want to make sure that I don’t exceed my FMLA by taking too much time off.” Unfortunately, even making the inquiry probably makes your employer think you are a temporary employee.The best way to understand the employer’s policies is probably to very carefully read a current employee handbook. You can casually ask for a copy of the handbook without raising any red flags. This is a complex issue, so feel free to post any additional questions you might have. HTH, and thanks for reading the blogs!~ Amelia

103. Posted by: Kristina

     Thank you soo much for your response! I do know that my employer definitey goes by the rolling calendar method for FMLA, so basically I will start having days again after Aug 4th? Thank you for the suggestion to wording it to HR. =)

104. Posted by: Amelia

     Hi again Kristina! We are so glad we could be helpful!! Yes, if the employer uses the rolling calendar method, you will qualify for FMLA again on August 4, 2010. Feel free to post any additional questions!~ Amelia