I really don't know how to explain this, so please bear with me. When I was first perganent with my first child, my work gave me 6 weeks maternity leave paid. That was in May 2004. At that time and to this present day, they don't have any maternity rules. And now they are denying me the six weeks paid leave of absence that I got the first time. They are saying now that I have to apply by FMLA act. But I got six weeks off paid in 2004, can they do that? And if they can why?

Let me add more to my story. My company does not have a written meternity leave policy in our handbook. But when looking in the handbook, there is a sections for maternity leave but that page is shpped. So is my company allowed to change a poilcy that does not exist. But only exist because I had six weeks paid in 2004 and they never updated in written what the maternity leave policy is.

FMLA is, by its nature, unpaid leave. It has nothing to do with whether you are paid or not.

It appears your employer has changed their policy. That, in and of itself, is not illegal. The only thing that would be illegal is if they would grant a 6-week paid medical leave to any similarly situated nonpregnant employee who had a medical condition that rendered them temporarily disabled, but they don't grant it to you. Note that this means that you actually must be disabled and unable to work, not for prenatal care nor for baby bonding for a period after the birth, unless you are also medically unable to work.

The law in Indiana (as well as the law in most states) does not require that you receive paid leave. The fact that they provided paid leave previously does not obligate them to provide paid leave forever. They are free to change their policy, as long as the new policy is legal, which this is.

I know an employer has every right to change policies at any given time. But what if the employer has no policy in write what the maternity leave is. That is why I am questioning. Because in our handbook it tells us there is a section for it, but when you go to that page, that page is missing. And my company has not changed any part of our handbook. So can they tell me I can't six weeks paid time off when they have nothing in writing stating that there is no maternity leave policy within our company.

Having a written policy isn't required. It may be a best practice but no law requires they put every practice in writing. Even if they did, unless your policy manual constituted a contract (very rare) they could still change their policy.

I am not understanding. SO you are telling me that no company can have written rules. Becuase in our handbook there is a section for maternity leave not there in nothing writen in that section. Since I have been the only one pergant in my office, I can't get the six weeks that I got two years ago because they don't want to give it to me. And they are in the right because they don't have to have it in writing. Plus, they decide to change it the rules when I started talking about maternity leave. I am just not understanding how my company is in the right.

No, Elle is not saying that companies cannot have written rules. She's saying that there is no law that requires them to do so. There is also no law that prohibits an employer from changing policies, whether those policies are written or unwritten. The law that does apply says that they cannot change or implement policies in a way that discriminates. In your case, you need to not be looking at what they've done for other pregnant employees, since apparently you're the first. You need to look at what they've done or continue to do for non-pregnant employees who need to take six weeks of medical leave, because they have to treat pregnant and non-pregnant employees equally. If they would provide paid leave for an employee who breaks a leg or needs back surgery, then they must provide it for pregnant employees as well. If, however, they would not provide paid leave for the person who needs surgery, then they do not have to provide paid leave for employees who are pregnant.

But no one in our office has had surgery or any extension amount of time off. Unless they were using two weeks vacation.

Then they should probably write one. :(

If and only IF, the employer is a covered employer under the FMLA, there must be a written guidance to employees concerning employee benefits or leave rights....

§ 825.301 What other notices to employees are required of employers under the FMLA?

(a)(1) If an FMLA-covered employer has any eligible employees and has any written guidance to employees concerning employee benefits or leave rights, such as in an employee handbook, information concerning FMLA entitlements and employee obligations under the FMLA must be included in the handbook or other document. For example, if an employer provides an employee handbook to all employees that describes the employer’s policies regarding leave, wages, attendance, and similar matters, the handbook must incorporate information on FMLA rights and responsibilities and the employer’s policies regarding the FMLA. Informational publications describing the Act’s provisions are available from local offices of the Wage and Hour Division and may be incorporated in such employer handbooks or written policies.

And, not once did we ever determine if this employer was even subject to FMLA, did we? :confused:

The last time someone in our office used FMLA was in January 2004. And that was the last time someone used FMLA. But they went ahead and paid for my maternity leave of 6 weeks. And there reasoning back then was because there was another lady that was pergant got six weeks off and then quite 2 weeks later. SO they had to honor the six weeks that were given to her in Feburary 2003.

Even if FMLA applies, you would only be entitled to unpaid leave for 12 weeks. Your employer is in no way obligated to pay you for 6 weeks because they did so 2 years ago. If no one has requested leave, there was no reason to revamp the policy or apply it differently. Even if the handbook did say that they would pay for 6 weeks of leave, they could change their minds so long as the policy did not constitute a contract (it is extremely rare that they do).

So you are telling me that a company has a right to change policies and then not let their employees know about. Because that is what is happening; When I started to talk about maternity leave they were all up for giving me six weeks and now they decided to change it when I approched them again to make sure I was getting six weeks. The gentleman said they changed their policy about month ago. But he did not let me know about the changes until I approched him about a week ago. My company is trying the get out of it and I am fighting them tooth and nail. I got a letters from them the frist stating that I got six maternity leave and my check studs showing them I was paid for my time off. And now you are telling the company is in the right changing policies and not letting employees know about. How is that fair.

An employer is not required to be fair. They are required to be legal. Legally, they do not owe you paid maternity leave. That is the bottom line.

I didn't say it was fair, but paid maternity leave is not required by law (except for certain circumstances in CA) and it is a relatively rare benefit.