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View Full Version : Maternity & Pregnancy Laws in FL


nchecchia
08-31-2005, 07:38 AM
I currently work for a small company without an HR representative who does not have a published maternity policy. They do offer a short term disability benefit based on length of service. I have asked numerous times about a policy and have been verbally told they "have to check" and was outright asked if I was pregnant the last time I asked. (I am not, however would like to begin planning for the possibility of becoming pregnant and am interested in knowing my options). I have been told by the CFO that we are eligible for the short term disability as well as "Family Emergency Leave," however I am unfamiliar with this policy. Not to mention the fact that it isn't in writing makes me nervous. The company only has 30 employees so FMLA does not pertain. Are there laws regarding pregnancy and maternity leave in the state of Florida? Does my company have to continue to pay my health benefits while I am out on maternity leave?

cbg
08-31-2005, 08:07 AM
No, Florida does not have any state-mandated maternity or medical leave laws. In fact, Florida does not have many employment laws at all; with the exception of a state minimum wage which is higher than the Federal (and that went into effect only a few months ago) they tend to follow the Feds on just about everything. So whatever medical leave or disability you are entitled to will depend entirely on what your company chooses to offer.

Since FMLA does not apply, your employer is not required to continue your health insurance while you are on medical leave. However, it is more trouble for the employer to take you off and put you back on again when you return than it is just to let things run. So while they legally could require you to take COBRA for the duration of your leave, it is unlikely that they will do so.

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