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  • Maternity Leave Questions

    I work for a small company of only six people. I have been there for almost three years and I am looking to start a family, but I want to make sure I know my rights first. I realize that I do not qualify for FMLA and the company does not offer STD. They do however pay full medical benefits. My first questions is: Does the compnay have to pay for my benefits while I am on leave? Do they have to hold my job?

    I was reading a post for someone with a similar problem in MA and something was mentioned about if the employer has offered or paid for leave for other employees who were not pregnant. If they have, then a claim of discrimination could be made on the basis of pregnancy. Is this true in PA? A co-worker was out for four (4) weeks recovring from a a surgery and the company paid for the weeks she was out as well as her insurance coverage. Could I have a case?

    Thanks for any info!

  • #2
    Does the compnay have to pay for my benefits while I am on leave? Do they have to hold my job? No and no.

    I was reading a post for someone with a similar problem in MA and something was mentioned about if the employer has offered or paid for leave for other employees who were not pregnant. If they have, then a claim of discrimination could be made on the basis of pregnancy. Is this true in PA? The Pregnancy Discrimination Act (which I'm sure is what that reply was referencing) is a federal law that applies to employers with 15 or more employees.

    A co-worker was out for four (4) weeks recovring from a a surgery and the company paid for the weeks she was out as well as her insurance coverage. Could I have a case? Providing you the same benefit would be the fair thing to do but since the company is so small, no laws compel them to do so.

    I could not find anything at PA's DOL website that indicated they have a State version of the PDA therefore only federal law applies. (Here's PA's listing of all their employment laws if you'd like to take a look for yourself: http://www.dli.state.pa.us/landi/cwp/view.asp?a=185&q=56262&landiNav=| )

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