almostamommy
06-15-2006, 01:39 PM
:confused: I work for small company of 25 people. FMLA does not cover me. We have not maternity/disiability policy. NOTHING...I am the 2nd employee in 11+ years to need to take a leave. I am 8 months pg talked to owner about taking 12 week leave. He said if he gave me 12 weeks then he would have to give the next person 12 weeks, he has to think about paternity leave as well. He was gonna think it over and get back w/me. I explained that if we employeed 50+ people he would have to give me 12 weeks under FMLA. He had never heard of this. So, what can I do? Anything in Arkansas?? Thanks for your help! :confused: :confused:
ElleMD
06-15-2006, 01:54 PM
What he would have to do if there were twice as many employees is irrelevant. He is correct that he must treat you the same as any other employee, including those who take paternity leave.
You aren't entitled to anything specific under the law, including STD. You can always take out a private policy however. While this does not guarantee you any particular length leave, it will provide income replacement while you are unable to work for medical reasons.
almostamommy
06-15-2006, 02:05 PM
I am not going to compare my situation to another but the first lady to become pg 2+ years ago he asked her to let him know what she wanted and she requested 14 weeks and he gave it to her NO questions asked. I am not asking for that much time, and I dont want that much, I just dont think it was fair for him to tell me the 12 weeks thing when he said nothing like that to the other lady requesting 14... Plus what about the Pregnancy Discrimination Act??? :mad: :mad:
Marketeer
06-15-2006, 04:17 PM
The Pregnancy Discrimination Act does not give you special privileges. It simply entitles you to treatment that is equal to any non-pregnant employee. If the employer could not currently accommodate a male employee who needed 6 or 8 or 12 weeks to recover from major surgery, then he needs to treat you no differently than he would that employee.
What happened more than two years ago is likely irrelevant. A lot can change in a business in two years, and employers are allowed to change their policies as business needs change as long as they do not do so in a discriminatory manner.
