Pregnancy is a difficult process, and giving birth can cause physical trauma. Women often need quite some time to heal after pregnancy, labor and delivery. They also need time to bond with their newborn babies.
Some employers are generous and offer their workers paid maternity leave. Workers who have given birth can receive a portion of their wages for a specific amount of time after the birth of a child. Not all employers offer paid maternity leave, especially to workers with hourly employment arrangements rather than a salary.
Do expectant Florida women have the right to request maternity leave after the birth of a child under state law?
Florida law does not mandate maternity leave
Unfortunately, there are no regulations in Florida that make maternity leave mandatory. The decision of whether or not to offer that benefit is entirely at the discretion of the employer. However, if the company does have a maternity leave policy in its employee handbook or its contract with a worker, there is an expectation that the organization should uphold its promises to workers.
Federal law offers an alternative
Workers who do not have maternity leave offered by an employer may still be eligible for temporary leave. The Family and Medical Leave Act (FMLA) is a federal statute that allows employees in some circumstances to take an unpaid leave of absence without losing their job or risking demotion.
Under the FMLA, new mothers can potentially take up to 12 weeks of unpaid leave to recover after giving birth. However, not every new mother qualifies for FMLA leave. Generally speaking, the mother who requests leave must have worked for the company for at least 12 months and logged at least 1,250 hours of work.
Additionally, the company must be large enough for the FMLA to apply. Typically, any company with 50 or more employees is subject to the provisions of the FMLA. Unfortunately, employers are not necessarily eager to approve unpaid leave requests and cooperate with expectant mothers. Employees may need to learn about their medical leave rights and determine if the law applies to them.
If an employer refuses a valid FMLA leave request or punishes a worker for seeking leave, they may need to take action. Filing a lawsuit can potentially hold an employer accountable for violating the FMLA and the rights of workers.