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Law Regarding Pregnancy Leave for a Contract Employee Tennessee

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  • Law Regarding Pregnancy Leave for a Contract Employee Tennessee

    I'm employed as a sales rep by a company based out of Atlanta. I'm the exclusive rep for the state of TN and I work for them full time managing and visiting their accounts and traveling to market several times a year. However, I am considered by them to be self-employed and therefor a contract worker to their company.

    I'm having a baby in January and I'm wondering if there is anything that protects me if I take Maternity leave. I have spoken with them and was very up front about it from the beginning of the pregnancy but they are being very difficult. I would like to take 4-6 weeks off but I'm worried that they won't allow this or will threaten to replace me. I don't feel I can effectively care for my child in those first weeks if I'm being stressed out or threatened by my job!

    Any advice or info is welcome!

  • #2
    I take it you're like a manufacturer's rep? I think that's the only way you could even possibly be correctly classified as an independent contractor. As an IC, you have no legal rights other than those afforded you by your contract.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Agree, if you are an IC, "employment law" would not apply to you. You have to refer to your contract - "contract law" applies.
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      • #4
        I see. That's more or less what I was worried about. And yes, I am a rep for a company that represents a number of manufacturers. I'm not actually sure I ever signed a contract beyond a non-disclosure agreement. Would that put me in a better or worse position if brought up?

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        • #5
          Probably worse, since there is no law granting you any maternity leave rights (or any leave at all rights), to conflict with what a contract might say. Therefore, without a contract to grant you such rights as might be available to employees, you really don't have any. There are many advantages to being in business for yourself; this, however, could be considered to be one of the disadvantages.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            OK. Thanks for you help and advice.

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