Does a company have to guarantee your job for a certain time period whist employ off due to pregnancy?

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Does a company have to guarantee your job for a certain time period whist employ off due to pregnancy?

Does a company with less than 50 staff members, in Florida have to keep an
employees job open for a certain period of time whilst the employee takes unpaid
time off to have a baby? If so what period of time is that?

Asked on June 30, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, if the company has less than 50 employees, it is not covered by FMLA. That means that it is not obligated to provide unpaid maternity (or other medical) leave. If an employee takes off unpaid time to have a baby, the company could, of course, choose to hold her job...but it does not have to. Holding her job would be voluntary on the employer's part.


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