As an employee in Florida, you are entitled to certain rights regarding maternity leave. These rights are outlined in both federal and state law.
The federal law that applies to maternity leave is the Family and Medical Leave Act (FMLA). Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave during any 12-month period for the birth of a child and to care for the newborn child. In order to have the protections of FMLA, you must have worked for the same employer for at least 12 months and have worked at least 1,250 hours during the year before the leave starts.
Florida state law does not provide additional protections beyond FMLA for maternity leave.
It is important to note that the FMLA only applies to employers with 50 or more employees within a 75-mile radius of the worksite. Additionally, if both parents are employed by the same employer, they may only take a combined total of 12 weeks of leave for the same reasons.
If you believe that your employer is not following FMLA guidelines or unjustly denying you appropriate maternity leave, you may seek legal advice from an employment attorney. Additionally, you may file a complaint with the Department of Labor’s Wage and Hour Division within two years of the alleged violation.
It is also important to understand that maternity leave is unpaid leave, though you may be able to use accrued paid leave, such as sick or vacation time, for part or all of your time off. You must also provide reasonable notice to your employer of your intent to take FMLA leave.
Overall, if you are pregnant and planning for a maternity leave, it is important to understand your legal rights and protections under the FMLA.
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