I work for a company based out of morgantown WV. I live in nc. I recently foud out i'm expecting my second child in 06. I just found out i can only have a total of 5 weeks of maternity leave when i need it. 2 weeks of that being my paid vacation time. Whats the law if any. Am i entitled to six weeks or am i just dreaming? And i uderstand the FMLA thing. thanks for listening. anyone who has a thought please respond :mad: darva

Do you qualify for FMLA?

yes i have been there for 3 years

It's more than how long you've been there. How many employees does your employer have within 75 miles of your location?

there are 5 other stores in my district with in a 40 mile radius with at least 15 employees in each store not including managers

Then you are entitled to up to 12 weeks of UNPAID leave; how much paid leave you are entitled to and whether or not you must use your vacation time is up to company policy.

i know its up to the company. thats not the problem. my question is with out the fmla aren't i entitled to six weeks anyway regardless? or is it from being based out of wv that they can command i get 3 weeks and thats it. i couldnt go back to work from having my daughter till i had a dr. note saying i was able to resume my duties.

WV has no law regarding maternity leave. The only law you are subject to is FMLA.

FMLA requires that you receive up to 12 weeks. There is nothing about six weeks in the law.

Your employer may not realize that FMLA applies since there are not 50 employees at any one location.