I don't really know how it works. If you want maternity leave pay, who pays it? The gov't or your employer. What are the requirements as per Floriday law? TYIA

There are no federal nor Florida laws requiring paid maternity leave. Paid leave is whatever the employer chooses to offer, including none. The only caveat is that, generally speaking, the employer cannot discriminate against you if you need medical leave because of your pregnancy/birth when compared to other similarly situated employees who would need medical leave for nonpregnancy related conditions. If the employer doesn't offer paid medical leave for anyone, then you are not being discriminated against.

Florida law does not require that you receive maternity leave at all, paid or unpaid. Neither does Federal law.

Assuming that your employer has 15 or more employees, you are entitled to exactly what a similarly situated employee who had pneumonia or a broken leg would receive, no more and no less. If they get paid leave, you get paid leave. If they get unpaid leave, you get unpaid leave. If they get six weeks, you get six weeks. And so on.

IF all of the eligibility criteria are true, you can receive up to 12 weeks of unpaid leave with your job protected (your employer can require you to use any vacation or sick leave as part of it). IF your employer provides STD benefits, they will run concurrently with this leave.

The eligibility criteria are:

1.) The employer must have no less than 50 employees within 75 miles of your location
2.) You have worked for this employer for no less than 12 months
3.) In the 12 months immediately preceding your leave, you have worked no less than 1,250 hours
4.) You or a qualified dependent have/has a serious health condition as defined by statute (pregnancy qualifies)

ALL time that you miss for pregnancy related reasons counts against the 12 weeks, assuming that all the criteria are met. Any time you miss for pre-natal visits, other doctor's appointment, morning sickness, etc. are part of the 12 weeks protected leave. You do NOT get to take time off beforehand and then get the full 12 weeks after birth.

She has only a total of 25 employees. Does that mean that my job could be not-saved?

No, it means the law does not guarantee you job protection. It's up to your employer how long to hold your job. If she chooses to hold it, she can. If she chooses not to, that's also legal because FMLA does not apply.

Because she has more than 15 employees, you are entitled to however much time she would give a similarly situated employee who has a non-maternity medical reason, however long or short a period of time that would be.

If the company has fewer than 50 employees, it is not covered by FMLA. Thus, the only requirement is that you be treated the same as a non-pregnant employee who needs medical leave.

It means your job is not protected under the FMLA laws. So, as long as you are treated the same as any other similarly-situated employee who cannot work due to a nonpregnancy-related medical condition, yes, they can legally terminate you. Sorry, I know that's not what you wanted to hear.

I am also an emloyee in Florida. I do qualify for FMLA, but my co. does not provode STD. I am 6 months pregnant, is it possible to start a STD policy now and receive some money while Im out on maternity leave? Or am I too late? If I wasnt too late, does STD only compensate you for money you contribute to the plan or is it a set % of your pay?

THANKS!!!

The great majority of STD policies, if not all, exclude pre-existing conditions for a certain period of time by which you will have already had the baby. That's why you buy insurance before you need it. :)

STD income replacement normally is a percentage of your compensation; how much is up to the policy. But, again, it's too late now for this pregnancy.