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Maternity leave if company is headquartered in India? Arizona

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  • Maternity leave if company is headquartered in India? Arizona

    My company has a US office with about 12 employees, but is headquarted in India (with about 250 employees). Do I follow India maternity leave policies or US? So if US, then am I not covered/eligible?

  • #2
    Where the company is headquartered rarely if ever has anything to do with what law you follow. If you have a location in the US then that location has to comply with US law. India cannot compell the US to follow its law anymore than the US can compell India to follow US law.

    There is no Federal law determining how much maternity leave you get unless your company is large enough to qualify for FMLA, which yours is not. The Pregnancy Discrimination Act, which kicks in at 15 employees, essentially says that a pregnant employee has to be treated as if she is not pregnant. It does not address how much leave a pregnant employee is entitled to; only that she cannot be granted less leave than a similarly situated employee who needs extended time off for a non-maternity reason such as pneumonia or a broken leg.

    Arizona has no laws for private employers that provides for maternity leave.

    Now, all that being said, none of that means that you will not be able to take any maternity leave. Few employers are foolish enough to think that a woman can give birth and be back at work the next day. Have you asked your employer what they are willing to provide?
    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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    • #3
      The state of Arizona discrimination laws apply to employers with 15 or more
      employees except that for sexual harassment/sex discrimination (& pregnancy
      is included in sex discrimination) only 1 employee needed.

      Therefore, you can't be discriminated against due to your pregnancy.
      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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      • #4
        I have yet to say anything yet about my own pregnancy. But there has been different "policies" supposedly communicated to different employees (one was given four weeks off paid, but was told she would be replaced thereafter, and another was told there was no leave). My boss only took two weeks off (about twenty years ago) after her daughter's birth, and I think she thinks we all have to fall in line with the same principle.

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        • #5
          Agreed with the other answers. The headquarters is legally meaningless. You are working in the U.S. You are working in your state. You are subject to federal law and you are subject to the laws of your state. Focus on your own situation. You have legal standing on yourself, but not on these other employees. FMLA (federal) is unpaid leave. State law is whatever it is (your state is not my state).
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            So if US, then am I not covered/eligible? Your employer doesn't have enough employees for you to be entitled to any statutory leave (FMLA.) What you need to do is speak with your supervisor and see what, if anything, can be worked out regarding maternity leave for you.

            there has been different "policies" supposedly communicated to different employees (one was given four weeks off paid, but was told she would be replaced thereafter, and another was told there was no leave). My boss only took two weeks off (about twenty years ago) after her daughter's birth, and I think she thinks we all have to fall in line with the same principle.

            Nothing illegal about any of that. Could be leave is offered or not offered on the basis of the employee's "status" with the company. Leave, whether paid or unpaid, is more likely to be provided to management employees than non-management, more senior than less senior, to those who are considered more valuable/more difficult to replace than those who are not, etc.

            A discretionary leave policy can be legally risky to the employer but it's not illegal. All you can do is speak with your manager about your pregnancy and need for maternity leave and see if something can be worked out. I suggest you do so sooner rather than later. The more advance notice you give your employer, the more time they'll have to decide how they might be able to accommodate leave for you.

            Comment

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