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Maternity leave for 30 days?? Idaho

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  • Maternity leave for 30 days?? Idaho

    I was told yesterday by my boss that I couldn't take any longer than 30 days for maternity leave. This was quite a surprise and it was in front of other employees at a meeting, so I didn't pursue the conversation with further questions both out of shock of not knowing just what to say and for being none of the business of my fellow employees. I work for a small company with only 10 employees total so I'm not sure what is legal for them and what's not. My intention was to take 6-8 weeks off depending on how the delivery goes and what my Dr says about being able to return. LTD would kick in after 30 days so I had planned to be unpaid for some fo the time. Is this legal to insist that I take no more than 30 days? If they terminate my job while I'm out on leave, would I still be eligible for disability and then possibly unemployement?

  • #2
    Small Companies

    Companies that small do not need to abide by the rules for FLMA. If you have a C-Section, then 30 days will not be enough time off and it will be difficult even for a regular delivery since most day care places won't watch babies younger than 6 weeks old.

    So, while it IS legal that they ask you only take 30 days, I would speak with them about it. Maybe you could work part-time from home during the whole time and add up your time or work shorter shifts, mainly, just be flexible.

    If you have any complications, then you may not be able to work at all and there is no way for you to know that yet. It's not like you get to plan when and how long you will be out for sickness.


    • #3
      This is a duplicate post. Please post each question only once; all the responders read all the employment law forums. You will not get more or better answers by posting multiple times; more importantly, you will not get different answers either.

      The answer is not going to change. Your employer is not required to provide you with any leave at all. If 30 days is all they allow, then if you need additional time that's a shame but they have no legal obligation to provide more. That is going to be the answer no matter how many times you post the question.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        Sorry for the duplicate post

        I am new to this website so was unaware of the process. I posted a similar question again because I didnt feel my question was fully answered. It's very stressful to deal with this sort of situation at work and thought I could get a little more info. I'm appologize for the dbl post and appreciate the information that I have been given. A little less harshness on this last reply would have been nice.


        • #5
          I know cbg didn't mean to come off as harsh, but please try to understand our situation. We are all volunteers here and try to fit this board into our personal lives and work schedule. When you start multiple threads, it doubles our time. In the future, if you have further questions about an original query, just "reply" in the same thread. OK?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.