Question for H/R Specialist

Question

This just a scenario: When is the latest time to get pregnant and immediately announce to a new job for eligibility of maternity benefits (so that after a year hired the time off could be taken)? In other words, states that are in this scenario allow mothers to get the maternity leave after a year and it takes sometimes 9 months to give birth...For example, could one get pregnant on the 3rd month or even 5th 6th month of employment and then given that the run til birth surpasses the 1 year of eligibility, the employer be forced to give paid leave legally? Thanks.

Anonymous · Answer

Thanks. Their FMLA policy is in the works but I am shocked that with a company smaller than 50 people could this be legal or illegal as it sets up for failure: 'you must work at a location where at least 50 employees are employed by the Company within 75 miles, as of the date the leave is requested.'???

Lisa Bass · Answer

Look up the FMLA rules that protect your job, you need to be employed for 12 months prior to starting a leave with 1,250 hours worked. The FMLA does not pay for maternity leave, it only protects your job for 12 weeks.  To have a paid leave during the 12 weeks of FMLA, the organization may choose to offer paid leave in addition to the disability benefits that you would be eligible for but it is not required and also differs by state.  Disability payment amounts differ by state so check out your state benefits.  Also, some states offer additional family leave paid benefits beyond the disability for maternity such as NJ, RI, CA and NY.

Question for H/R Specialist

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