I work for a non-profit agency and my program is funded by OYD (Office of Youth Development) which is a state agency. I have worked full-time in my program since June 20, 2005. I recently went on Maternity Leave after the birth of my son on Sept. 30th via C-section. I took off the week before the birth because I was already a week overdue and my doctor advised me not to drive (I work about 40 miles from home). My son spent 10 days in the NICU and has been home for a little over 2 weeks. I had spoken to my Coordinator on several occasions before my leave and stated that I would be taking between 6-8 weeks off and would be returning Nov. 13th. The most recent was last Thursday when I went into work for a few hours and again I told her I would be returning Nov.13th. I had aquired 4 weeks of paid leave (sick and vacation) and had planned on taking the rest unpaid. I asked on several occasions to see if I needed to put anything in writing in regard to my leave and intent to return and was told I did not.

Yesterday I got a call from my Coordinator stating that my agency did not allow unpaid leave and that I could "go in a hole" for this week but I would need to return to work on Monday, Oct.30th (this coming Monday). My son will be only one month old and home for 3 weeks. She left this on my voice mail and I haven't spoken to her in person since then. This was the first time I had been told of this policy. She admitted that she probably wasn't clear with me about this. Our Maternity Leave policy does not state a time limit nor does it state that you must return after paid leave is used up. I do not have a copy in hand nor is it on my work computer but I have reviewed it several times while planning my leave.

My questions are: Since I work for a Non-profit but funded by a LA State agency;

Would I be covered under FMLA if we have 50 employees but not all in the same office (we have rural offices within 75 miles of the main office)?

Would I be covered under LA State Law:
Private Sector Employees Job-Protected Medical/Maternity Leave: Louisiana guarantees up to four months of short-term disability leave to employees who are temporarily disabled because of pregnancy, childbirth or related medical conditions. Employers with more than 25 employees are covered by the law.

Can I fight this under the Pregnancy Descrimination Act?

I am not prepared to return to work so soon. I haven't been cleared by my doctor to return to "normal activities" after having a C-section. If I would have had prior notice of this policy I would have planned better for my return but since this is being thrown at me out of the blue am I required to comply without contesting the policy?

Thanks for your help. I look forward to your reply.

StellaBleu

Are there 50 employees within 75 miles of your location?

I would have to check. I know we were up to 49 not too long ago but I don't know who all that included. We do have a few rural offices within 75 miles.

That was my biggest concern was that we wouldn't have 50 employees. Do they all have to be full time?

No, they do not have to be full time. But the threshold is a clear 50. If there are 50 employees within 75 miles of your location, FMLA applies; if only 49, it does not.

I will check with my Coordinator and see exactly how many employees we have.

If it is 50 or more, what is my next step?

If it is not 50 or more, is there anything I can do within the LA law?

If it is over 50, you file a complaint of a potential FMLA violation with the US DOL.

If it is under 50, I'll have to take a closer look at the state law and let you know.

Thanks so much for your help. I've been freaking out since yesterday afternoon. I'm hoping that I will be able to fight this a little to at least get next week so I can finish up everything I need to do.

Thanks Again!

Another question to clarify.

Are non-profit agencies bound by FMLA?

Yes. Contrary to what most people seem to believe, as far as employment law goes there is very little to distinguish a not-for-profit from a for-profit. With a very few, situation specific exceptions relative to hiring processes, a non-profit is subject to exactly the same employment laws as a for-profit. Whether they are for-profit or non-profit refers to their tax status, but as employers they are in almost all circumstances equal.

Keep in mind too that the agency would have to have 50 employees for 20 weeks of the year before FMLA kicks in. The regs don't automatically apply the day after they hire #50.

Is the non-profit solely funded by the state? Or do you just receive some grant money from them? Who cuts your checks? the state or the agency? Are you considered a state employee?

My program is funded by the state but I'm paid by my agency.

Now that you say that they would have to have 50 employees for 20 weeks, I doubt we would have had that many. We have hired several people over the summer and were sitting at 49 a month or so before I left out (not sure if this included part-time employees).

I guess I'm going to have to go back to work on Monday or quit my job. I'm going to call my doctor tomorrow morning and see if she won't clear me for return since I just had a c-section but I don't know if that will do anything at this point.

Thanks for all the info and please feel free to post more if you have it.

I'm going to go in my room and cry. :(

Straight from the law (emphasis mine)

§342. Unlawful practice by employers prohibited; pregnancy, childbirth, or related medical condition; benefits and leaves of absence; transfer of position

It shall be an unlawful employment practice unless based upon a bona fide occupational qualification:

(1) For any employer, because of the pregnancy, childbirth, or related medical condition of any female employee, to refuse to promote her, or to refuse to select her for a training program leading to promotion, provided she is able to complete the training program at least three months prior to the anticipated date of departure for her pregnancy leave, or to discharge her from employment or from a training program leading to promotion, or to discriminate against her in compensation or in terms, conditions, or privileges of employment.

(2) For any employer to refuse to allow a female employee affected by pregnancy, childbirth, or related medical conditions either:

(a) To receive the same benefits or privileges of employment granted by that employer to other persons not so affected who are similar in their ability or inability to work, including to take disability or sick leave or any other accrued leave which is made available by the employer to temporarily disabled employees.

(b) To take a leave on account of pregnancy for a reasonable period of time, provided such period shall not exceed four months. Such employee shall be entitled to utilize any accrued vacation leave during this period of time. "Reasonable period of time" means that period during which the female employee is disabled on account of pregnancy, childbirth, or related medical conditions. Nothing herein shall be construed to limit the provisions of R.S. 23:341(C) or Subparagraph (2)(a) of this Section. An employer may require any employee who plans to take a leave pursuant to this Section to give the employer reasonable notice of the date such leave shall commence and the estimated duration of such leave.

(3) For an employer who has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily disabled employees to less strenuous or hazardous positions for the duration of the disability to refuse to transfer a pregnant female employee who so requests.

(4) For any employer to refuse to temporarily transfer a pregnant female employee to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where such transfer can be reasonably accommodated, provided, however, that no employer shall be required by this Part to create additional employment which the employer would not otherwise have created, nor shall such employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job.

Acts 1997, No. 1409, §1, eff. Aug. 1, 1997.
PART V. PREGNANCY, CHILDBIRTH, AND RELATED

MEDICAL CONDITIONS

§341. Application

A. The provisions of this Part shall apply only to an employer who employs more than twenty-five employees within this state for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.

B.(1) For purposes of this Part, pregnancy, childbirth, and related medical conditions are treated as any other temporary disability. However, no employer shall be required to provide a female employee disability leave on account of normal pregnancy, childbirth, or related medical condition for a period exceeding six weeks.

(2) Nothing in this Part shall be construed to require an employer to provide his employees with health insurance coverage for the medical costs of pregnancy, childbirth, or related medical conditions. The inclusion in any such health insurance coverage of any provisions or coverage relating to medical costs of pregnancy, childbirth, or related medical conditions shall not be construed to require the inclusion of any other provisions or coverage, nor shall coverage of any related medical conditions be required by virtue of coverage of any medical costs of pregnancy, childbirth, or other related medical conditions.

C. The provisions of this Chapter shall apply to the awarding of a contract or subcontract for providing goods or services.

Acts 1997, No. 1409, §1, eff. Aug. 1, 1997; Acts 1999, No. 1366, §1.

Thanks for the info. I think this may help a bit.

:)

I read the threads above and I am still wondering about the law. So, does this mean that an employer has to provide 6 weeks of paid maternity leave if they have a disability policy?

No, that's not what it means.

The highlighted portion of the law says that an employer is not required to provide MORE than six weeks of maternity leave if it is a normal pregnancy. There is no reference to pay at all.

There is a great deal of confusion about disabilty benefits. If an employer has a disability insurance policy, the ONLY thing that provides is income replacement during a period of otherwise unpaid leave. Disability insurance policies do not provide guaranteed time off or job protection; they pay you when you are out of work.

The employer's policy (or state law) that guarantees how much time you may take off, is completely separate from whatever insurance policy the employer may have provided that supplies income replacement.

In five states; California, Rhode Island, New York, New Jersey and Hawaii, the employee is guaranteed a certain amount of disabilty benefits, meaning income replacement. In addition, California also provides paid family leave in some circumstances.

In all other states, no matter what length of time your employer (or state law) may give you, there is no legal requirement that you receive any kind of pay. Your employer very well may choose to provide a disability insurance policy that provides income, but they are not required to do so.

Ok, so if I am in Louisiana, and my employer does not have a maternity leave policy. My employer does have a short term disability policy that covers workers at 2/3 pay for disabilities up to six months. Does this mean that if I want to take maternity leave for a normal pregnancy, my employer should pay me at the disability level? Or does it still mean that they have no obligation to pay? Can I take disability leave for a normal pregnancy or does it have to be a medical problem with the pregnancy in order to get paid the disability rate?

If your doctor certifies you as medically unable to work, then the insurance company that provides the STD policy would pay you, not the employer. You don't get paid STD for regular prenatal care, baby bonding, etc. unless that also coincides with being temporarily disabled due to medical complications and the birth/recovery.

Your employer is not required to pay you AT ALL.

There is NO requirement in LA, or in most states, that you receive paid maternity leave.

You may take as much leave as your employer will allow. IF your employer CHOOSES to provide an STD benefit, any pay you receive will be subject to the terms of that policy.

There are NO circumstances in your state or most others, in which your employer is required to pay you for taking maternity leave.