Maternity Leave/Leave without Pay

[Elaine77]

(Tennessee) I have a question about a situation I am in. I have been employed with my current employer for about three months; I am four months pregnant and did not know at the time I applied for the position. I was informed that due to me not bieng employed for 12 months, I would have to request leave without pay. I did so, requesting three months off as I want to be with my newborn for breast feedings and felt uneased about taking him to a daycare so early. I was informed by my supervisor that I will only be allowed six weeks off and if I did not agree to this, I will be made to quit and if I did not quit, I would be terminated. However, I found in the rules and regulations booklet for the office that my position could be temp filled while I was on maternity leave but was informed that since I was a social worker, they could not fill my position for this length of time.

Are there any laws that could assist me or will I be unemployed because I want to be with my child?

[LConnell]

Unfortunately, you don't meet the requirements of the federal law protecting leaves and Tennessee doesn't have its own version. However, if you are denied a leave of the time you request while they let others who are not pregnant go on a leave of the same amount of time, it could be seen as discrimination on the basis of pregnancy.

[Elaine77]

Well, I really do not know anyone at the dept who is willing to talk with me about this as the ones I have spoken to are so tight liped about everything and are even afraid to go past one minute on their lunch break in fear that they will be written up. I have never worked in a place like this. But my biggest question is that in my policy booklet, it states that a temp can be found to replace me temp but not perminently. However, my supervisor is telling me that it would be too hard for them to find someone to replace me for three months and they think that the office workers would be able to handle my work load for six weeks and this is why they will not allow me the three months I requested. I met a woman today who is two weeks away from her due date and she does not go on leave until 1-day before her due date but she has been with the dept for a while.

If my doctor writes a note will this change things? I spoke with a rep from the EEOC and this is what they've suggested. Why do you think they suggested the six week term?

[LConnell]

Certainly having your doctor write a letter to your employer is the first step. However, if they don't wish to grant your request and they treat everyone the same way, you don't have any options, in my opinion.

As far as why six weeks, that has been the standard amount of time that women have taken off for maternity leave. (That standard is shifting toward a longer period of time in certain parts of the country.)