Maternity Leave

mcoyle77 · October 2001

Does anyone have a sample maternity leave policy for companies that are too small for FMLA? Our company has only 39 employees, and is only two years old. We have never had a pregnant employee until now. Our handbook states that pregnancy is considered a disability.

Any feedback is appreciated.

atherese · October 2001

We have a Parental Leave Policy:

"Regular employees and eligible part time and full time employees may be entitled up to six (6) weeks of unpaid leave in connection with the birth or adoption of a child. However, any leave taken in connection with the birth or adoption of a child may count against entitlement to such leave under the FMLA. The leave must begin within six (6) weeks of the adoption or within six (6) weeks of the child's release from the hospital.

Under the parental leave, the employee may be required to pay all premiums to continue insurance benefits during the leave period.

Parental leave must be requested at least two (2) weeks in advance where possible. Employees returning from parental leave will be reinstated in accordance with applicable law."

Our disability insurance is long term (60 day waiting period, so employees may choose to use their paid sick leave and/or vacation time during these six weeks to continue paid time.

System · October 2001

You need to check if your state has an FMLA or pregnancy leave law that applies to companies your size. For example, a company in Hawaii with ONE employee must grant her pregnancy leave under state law.

If you're a member of our Law Center, you can search your state's statutes right here at HRhero.com. For info about Law Centers, go to our main page at [url]www.HRhero.com[/url] and take the Law Center Tour (in the "member login" box).

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Gillian · October 2001

If you are in California be sure that you check the Pregnancy Leave regulations. You are not too small for that one.

Maternity Leave

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