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  • Tech_Rec
    started a topic About Maternity Leave Missouri

    About Maternity Leave Missouri

    Hello,

    I have a question about maternity leave.

    About my background:

    I am currently employed as a full time employee in a small IT consulting firm. We have approximately 75 - 80 consultants working and spread across US. I have been working in this company for the last 1.3 years and have received one page appointment letter stating no benefits provided.Location: HO in St Louis, MO and IL Incorporation.

    I Would request to clarify :

    1.0 Am I eligible for Maternity leave.
    2.0 If yes, how many weeks of paid leave
    3.0 How many weeks of unpaid leave I am eligible to take.
    4.0 How many weeks of maternity leave in general you get.

    Thank you.

  • cbg
    replied
    Now that I have more time:

    I understand that you want to go in to your employer armed with, MOST small employers offer X. And that's quite understandable. But the problem is, for employers of your very small size, answers are all over the map. If you had 50 or more employees within the 75 mile radius, you'd be entitled by law to 12 weeks unpaid. But if FMLA doesn't apply, and if there are only 3 employees within that 75 mile radius it does not, then there just ISN'T a standard. I wish I could give you what you're looking for, but it just isn't there.

    Leave a comment:


  • cbg
    replied
    1.0 Am I eligible for Maternity leave. If your employer says you are, yes. If your employer says you are not, no. Neither Federal nor Missouri law requires that you be given any time at all, considering the size of your employer.
    2.0 If yes, how many weeks of paid leave None. No employer in your state is required to provide a single day of paid maternity leave. If your employer chooses to provide paid maternity leave, it is entirely up to them how much time you will receive
    3.0 How many weeks of unpaid leave I am eligible to take. It doesn't matter how many times you ask this question, the answer is going to remain the same; as many weeks as your employer chooses to give you
    4.0 How many weeks of maternity leave in general you get. Anywhere between none and infinite.

    I do not know how to make the answers any plainer. There is no such thing as "in general" for employers the size of yours. You are going to have to ask your employer. They might offer two weeks or six weeks or eight weeks or twelve weeks or six months or something else altogether. We don't know. And even if every other like employer in your area offered X weeks, that does not mean that yours will.

    Leave a comment:


  • Betty3
    replied
    Agree - employer/owner decision.

    Leave a comment:


  • Tech_Rec
    replied
    Originally posted by cbg View Post
    Under those circumstances, the answers to your specific questions are the same in all cases; as many weeks as your employer chooses to give you. (Paid leave is never required by law in your state or most states, regardless of the size of employer.) We have no way of knowing what your employer is willing to provide, and what "general policy" is for small employers is still not binding on yours.
    Just curious to know that would it be difficult to determine how many weeks of Paid or Unpaid Leave I will be eligible to get in my scenario?
    I need to have some idea before I start conversation with my employer.

    Thanks.

    Leave a comment:


  • cbg
    replied
    Under those circumstances, the answers to your specific questions are the same in all cases; as many weeks as your employer chooses to give you. (Paid leave is never required by law in your state or most states, regardless of the size of employer.) We have no way of knowing what your employer is willing to provide, and what "general policy" is for small employers is still not binding on yours.

    Leave a comment:


  • Tech_Rec
    replied
    Thank you for your reply.

    Just to give additional information: We are only 3 people in the office location. There is no HR Policy or Manuals to refer to . Neither there is any HR Personnel. All the decisions are made by the owner of the company. I would like to understand, what is the general policy for maternity leave for such a small company like mine where there is no benefits is provided to the employee or how many weeks of leave I am entitled to take.

    Truly appreciate your response.

    Leave a comment:


  • hr for me
    replied
    Sounds like the employer is not covered by FMLA (not 50 employees in a 75 mile radius). If not, all Missouri has to go by is that a pregnancy must be treated the same as any other medical condition/disability and be given the same benefits. There are no requirements that they be given more.

    That said, your employer could have a policy more generous than the law requires. You really need to be talking to your HR dept about what they offer, because neither state or federal has laws to cover you beyond very basic pregnancy discrimination laws.

    here's a chart based on each state for maternity/pregnancy laws and leaves:
    http://www.ncsl.org/issues-research/...-statutes.aspx

    If for some reason the employer is covered by FMLA, then you would get 12 weeks unpaid under FMLA since you have been there more than a year assuming you have worked the 1250 hours needed.

    If you are covered under a short term disability plan, that might provide some pay. That could either be private or through the employer....since your letter says no benefits, I would venture to assume that you have no employer-provided short term disability.
    Last edited by hr for me; 03-28-2013, 07:43 AM.

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