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Thread: Maternity Leave in South Carolina

  1. #1
    Junior Member
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    Oct 2005
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    Default Maternity Leave in South Carolina

    Hopefully someone can help me make sense of it all. I am expecting in January and have been told that my employer does not have maternity leave but that i can take my annual leave and sick leave. I am an employee of a department of the state of south carolina and it really surprises me that we have no maternity leave NOR supplemental insurance. I have tried to find an answer through surfing the web etc to better understand the FMLA but i just dont seem to understand it. I just cant believe that there is no help for women who give birth other than their using their annual leave/sick leave. I have been saving up time ever since we started trying to have ababy and by the time she gets here I will just have 6 weeks. So I guess my question is- what exactly does the FMLA do if all it is saying is that by law your employer must allow you to take leave be it unpaid or using your annual/sick leave? And even then they can put restrictions on it??? Please help clarify.

  2. #2
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    I am expecting in January and have been told that my employer does not have maternity leave but that i can take my annual leave and sick leave. I am an employee of a department of the state of south carolina Something is goofy here. The State of South Carolina is not exempt from complying with the Family and Medical Leave Act.

    Okay, here's the deal, assuming you have worked for the State for at least 12 months. Under the FMLA, you are entitled to 12 weeks of unpaid leave (in total) due to the birth of the baby. This includes all the time that you are medically unable to work due to your pregnancy and the birth, and any additional time you wish to take off to be with your newborn. Your employer can require you to use any paid time off you have accrued (vacation, paid sick days, paid personal time, etc.) while you are on FMLA.

    If your employer offers a disability benefit as part of their group health plan, you very likely can file an insurance claim for some of the time you are on FMLA (that period of time when you are disabled from working) and receive a disability income benefit while you are off work.

    Contact your HR representative and make an appointment to go see him or her to discuss your applying for FMLA and any disability income benefit for which you are eligible. I can't imagine that there hasn't been a major miscommunication between you and whomever you spoke to about taking leave.

  3. #3
    Super Moderator
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    Have you, indeed, worked for this employer for a minimum of 12 months and does the employer have no less than 50 employees within 75 miles of your location? If the answer to either question is no, that's part of the answer right there.

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