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#1
01-09-2006, 08:44 AM
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Not Covered by FMLA in New Mexico
I live in New Mexico and just realized my company does not have to follow the FMLA since they only employ 4 people. The question is, what do I do for maternity leave? Would I file for short term disability? Unemployment? Anything? And can I be fired if I choose to take maternity leave?
 
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#2
01-09-2006, 11:10 AM
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You can file for short-term disability if you have a short-term disability policy either through work or on your own. New Mexico is not one of the very small handful of states that have state disability insurance for pregnancy and maternity. In order to collect unemployment, you have to be actively seeking work and available to take a new job. Because your employer is so small, there are no laws that require them to hold your job for you when you do go out on maternity leave. Sorry.
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