I work for a small business in New York. There are under 30 employees so FMLA does not apply.. I assume. There is nothing written in our Employee Handbook regarding maternity leave so before I talk to my bosses about this, I wanted to know what I am legally entitled to. I just found out I am pregnant so I wanted to have the conversation with my employer soon.

You are entitled to whatever leave your employer would offer to a similarly situated employee who has a non-maternity medical condition.

Neither Federal nor NY law requires any specific time frame for maternity leave outside of FMLA.

there has not been any employee with that situation. I would be the first.

Then it'll be up to your employer how long to offer.

If they don't extend to you FMLA, are you then entitled to Unemployment when you're ready to return to work (6 weeks)?

No, unemployment is not available for people on medical leave.

No, unemployment is not available for people on medical leave.

I know you can't "double dip", but what about when you're ready to come back to work, and they tell you that they aren't taking you back because you're a "Key Employee".

Wouldn't this be considered a layoff at this point?

What has that got to do with the OP's question? No one has said she's a key employee or that they're not going to take her back when her leave is up. Nor does "key employee" have any meaning since FMLA does not apply in her situation.

What has that got to do with the OP's question? No one has said she's a key employee or that they're not going to take her back when her leave is up. Nor does "key employee" have any meaning since FMLA does not apply in her situation.


I appologize. I kind of thread jacked this:o

The OP had posted about her position that isn't covered by FMLA and I was trying to find out some info for a similar situation where the person was termed a "Key Employee" and informed that she will not be covered by the FMLA either. I was just curious if she could go on unemployment after her maternity leave is exhausted.

Then post your own thread and someone will answer.

Then post your own thread and someone will answer.
Yea! Piggy bakers are about as popular as spammers.
JoeC

Not necessary, Joe. I can deal with it. :)

Yea! Piggy bakers are about as popular as spammers.
JoeC

And trouble makers ;)