If I work for a small business with 10 employees and need to take maternity leave, what is the current law on this?

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If I work for a small business with 10 employees and need to take maternity leave, what is the current law on this?

The business I work for has no written guidelines for leave and I don’t know the law.I need to know if I am going to have a job to come back to, how much leave time I can take, and if I will be paid.

Asked on April 16, 2012 under Employment Labor Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

FMLA (Family Medical Leave Act) is a law that allows certain employees to be able to take off up to 3 months (12 weeks) of unpaid leave without worry of losing their jobs. This is only if the employee has usually worked a total cumaltive 12 months. The Act only applies to those with 50 or more employees. So in your situation, your employer is not required to provide FMLA and therefore probably does not offer this time period off. Under the Ohio pregnancy discrimination laws (anti-discrimination), you are required to have a reasonable period of time off due to materity leave and this is consider a proper reason for a leave of absence from your job. Your employer cannot fire you for this reason.


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