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What are my maternity rights in AZ? Arizona

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  • What are my maternity rights in AZ? Arizona

    By the time the baby is due in June I will have worked for Children's Choice Learning Center for a year and four months. What is the longest amount of time I can take without loosing my job? and I think my boss said something about disability for me when pregnant. My worry is that I'll have to stop working sooner then my due date because of how big I will be. I probably wont be able to do my job, lifting children and so forth. What would you recommend I do so I can have my disability and maternity leave? I was even thinking that when my disability and maternity leave is up, I will then leave my job and just stay home. Is this legal?
    Please let me know if you know of anything.
    -Kendall
    Last edited by Betty3; 11-15-2009, 07:44 AM. Reason: remove e-mail address

  • #2
    Originally posted by pub_obsession View Post
    By the time the baby is due in June I will have worked for Children's Choice Learning Center for a year and four months. What is the longest amount of time I can take without loosing my job? and I think my boss said something about disability for me when pregnant. My worry is that I'll have to stop working sooner then my due date because of how big I will be. I probably wont be able to do my job, lifting children and so forth. What would you recommend I do so I can have my disability and maternity leave? I was even thinking that when my disability and maternity leave is up, I will then leave my job and just stay home. Is this legal?
    Please let me know if you know of anything.
    -Kendall
    I removed your e-mail address for your protection - we have spammers on the forum.

    Any job protected leave you would have would be under federal FMLA - requirements: (This is up to 12 wks. of unpaid job protected leave)
    You worked for a covered employer for at least 12 mos. (these mos. do not have to be consecutive);
    You worked for your employer at least 1250 hrs. in the 12 mos. immediately preceding the leave;
    You work at a location with 50 or more employees within a 75 mile radius (50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year)

    If you voluntarily don't return to work after your pregnancy leave, your employer may require you to pay back (reimburse them) for any health benefit premiums they might have paid while you were on FMLA leave (if FMLA applies in your case).

    When you say your employer said something about disability due to your pregnancy, are you talking about disability income pay? Your employer could have a disability plan for employees but the state of Az. is not one of the handful of states that has a state disability income plan.

    Yes, it is legal though for you not to return to work after your pregnancy (unless you would have some type of binding employment contract to the contrary).
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      My Maternity Leave

      She said something about disability. That cause I will have been there for a year that they have certain things to help me. My boss said that we would have to agree on a certain amount of weeks on short term absence. She was saying 3 to 4 weeks and I thought that was too short. I was hoping that AZ had some type of law where if I took the 12 weeks, I could keep my job. Weather its paid or not I would not like to get fired because she doesn't like the idea of me being gone that long. We had a women recently have a baby and she told her that she had to come back in three weeks or she would loose her job. I though that was illegal?

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      • #4
        covered employer meaning she is covered under the FMLA?

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        • #5
          Perhaps your co-worker did not qualify for FMLA. ALL of the criteria in the above post must be met; it's not only a question of how many employees the employer has.

          FMLA is a Federal law. If you, the employer, and the medical condition, ALL THREE!!!! qualify under FMLA, then you are entitled to up to 12 weeks of unpaid leave with your job protected. This is Federal law.

          Arizona has no state-specific equivalent.

          As far as disability goes, Arizona is not one of the very few states with a state mandated plan, and disabilty benefits do not protect your job in any case. ONLY FMLA protects your job. Even if disabilty benefits are provided by the employer, they offer NO job protection whatsoever. Disability benefits can and do run simultaneously with FMLA but make no mistake, it is the FMLA part that provides job protection, NOT the disability benefits.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Pregnancy qualifies under FMLA - will all the other requirements be met in your case - how many employees does your employer have within a 75 mi. radius of your work site? (All the requirements are posted above.)
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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