I work for a company that only has 12 employees. I am one of two people in a vital department to the company. My company also does not offer benefits other than paid vacation time. Will i have atleast 6 weeks off even if unpaid for maternity leave without the risk of losing my job? My company does not have an HR department as well.

Since your employer is not big enough to be subject to the Family Medical Leave Act, there is no job protection available to you under that law. And the federal Pregnancy Discrimination Act doesn't kick in until 15 employees. So, unless the state has something that would give you some job protection over and above federal, you aren't legally entitled to any job protected leave. What has the company done in the past? This is likely something you'll have to work out internally.

This company has only been here in Kansas about 3 years. There are only two female employees, i am one of them. I'm not sure that this has ever come up in the past. I'm also not sure that i want to speak to my boss yet seeing as i'm only 5 weeks along and i'd like to wait to the end of the first trimester when the risk of miscarriage is considerably lower. Right now, i just want to way all of my options. I guess what i want to know is if the state of Kansas offers anything? I've found contradicting information on several websites. Americanbaby.com states that the state of Kansas offers coverage for women at workplaces with atleast four employees, and the leave is the period of time during which you're physically disabled due to pregnancy and childbirth which is usually six to eight weeks. Is this correct?

Kansas has no mandated maternity leave (or any form of mandated medical leave) and surprisingingly, at the state level pregnancy is not a protected characteristic. So this is going to be entirely determined by whatever you are going to be able to work out internally.

That's why I said "unless the state has......". State laws regarding such leave are not my area of expertise. But they are someone else's so hang in there for her.

I'm appalled at how our country compares to others when it comes to taking care of our own people. I also recentlly found out that i don't qualify for state-funded health care because i'm over the income limit even though i live paycheck to paycheck. My best option is to go to the health department who can't see me till after the end of my first trimester. Should i lose my job because of the fact that i am an integral part of the company and my employer must fill my position, do i have any other options? Or should i just hope that my boss hires atleast 3 more people before i'm due?

My summary does not show what your americanbaby website does; I don't show that leave is mandated at all. But it's possible that a new law has gone into effect since my summary was published. Let me check a little further and I'll post back shortly. (P.S. I'm the one Patty was referring to; on another site my nickname is the State Law Lady :) )

I still can't find anything mandating maternity leave for employers of four or more employees. However, four employees is where discrimination laws kick in at the state level in kansas. This would mean that whatever leave is offered for non-maternity conditions would have to be offered for maternity, which is a different thing. Even that is pushing it since pregnancy is not protected under state law, and family status protection seems, at quick glance, to be limited to housing issues. I could be mistaken about that since I only scanned the law.

Did the website you mentioned post a statute number? If so, I'd be glad to look at it.

It sure didn't. I tried searching for a statute that might give me some information on maternity leave as well but didn't come up with anything. I guess I just have to cross my fingers and hope that my Boss can be flexible enough to work with me. That or find another job that meets FMLA rules.

But even if you found another job tomorrow, you wouldn't be eligible for FMLA since one of the eligibility requirements is having worked for that employer for 12 months or more.

That's right. Well then i guess i'm screwed should my boss need to fill my position while i'm recovering from childbirth.