maternity leave rights? not covered FMLA South Carolina

[ealston]

Hi,

I have been employed full time in a medical office for two years that has less than 50 employees...excluding me from the FMLA. My employer wants to limit my time for maternity leave to 6 weeks(including using all my vacation time). I would like to take three months. Do I have any rights since the FMLA does not apply.

Thanks,
ELA

[cbg]

If FMLA does not apply, you are entitled to as much time as your employer is willing to offer and no more. SC does not have a state version of FMLA or a mandated maternity leave. You do not have a right under the law to take three months; if your employer only offers six weeks, then six weeks is what you get.

The only caveat is that you cannot be given less time than a similarly situated employee who had a non-maternity medical condition.

[ealston]

What about a similarly situated employee who took 9 weeks for maternity leave? Are they obligated to match that 9 weeks?

Thanks,
ELA

[cbg]

No, they're not.