I work at a non-profit organization. I am due in January. My boss has offered me an option: In order to get maternity leave, I need to work through Thanksgiving and through Christmas breaks and holidays. My doctor advised against it because of the line of work we do. That means that I wouldn't get the leave. Are they able to give me the ultimatum to work through holidays at 8 months pregnant and if I don't, then I don't get paid 4 weeks worth of leave? Since my doctor said that it wouldn't be safe in my line of work, do they have to figure out something else for me to be fair? I'm desperate, what do I do? Is all this legal? :(

I do not qualify for FLMA because we don't have 50 employees (otherwise I would). We also don't get built up vacation time or sick leave. When we sign our year contracts 8 paid days (for sick time or vacation time) are put in there- for 1 year. I have been at this job for 5 years, and it was ok when my husband had to take care of just him and me, now that we have a little one on the way. Would I get hired anywhere else even though I am pregnant? I just don't understand how since my doctor told me that it isn't safe for the baby to be working that late in my pregnancy, that many of hours, and with my type of job, shouldn't my boss be working something else out for me?

I work at a non-profit organization. I am due in January. My boss has offered me an option: In order to get maternity leave, I need to work through Thanksgiving and through Christmas breaks and holidays. My doctor advised against it because of the line of work we do. That means that I wouldn't get the leave. Are they able to give me the ultimatum to work through holidays at 8 months pregnant and if I don't, then I don't get paid 4 weeks worth of leave? Since my doctor said that it wouldn't be safe in my line of work, do they have to figure out something else for me to be fair? I'm desperate, what do I do? Is all this legal? :(
Family Medical Leave Act. If you do qualify,to be covered under fmla,for your pregnancy,you can get up to 12 weeks total,in a years time if:
1.You have been employed by this employer for the last 12 months.
2.You have worked at least 1,250 hours in the last year for this employer.
3.Your employer has at least 50 employees within a 75 mile radius.
If you can get covered under fmla,they are required to give you this time off,when your doctor says you need to take it. They can not make you work during the holidays,if your doctor says it may hurt you or your baby. This is all I know,and if I am wrong on any of this,another member will let us know. Good luck!! I don't think your employer has to pay you for this time off at all,so if they are saying,if you work this,we will give you this time off paid,then that may be a decision for you to make. If you have vacation time accrued,then you can use this,but I'm not positive.

And, even if you do qualify for FMLA, the employer can require you use any accrued vacation/sick leave you may have before the unpaid leave kicks in.