Am I entitled to any kind of paid leave from my job for pregnacy?

UPDATED: Oct 1, 2022

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Am I entitled to any kind of paid leave from my job for pregnacy?

I’ve been working as a live on site property maintence and landscaper at an apartment complex for going on 2 years. I am very aprecieated by everyone. However. I am pregnate and they don’t provide maternity leave through main office. My pay is salary and about $1,300 a month, plus my rent,power, cable and housing on-site are included as my pay. I’m due in 5 months and not sure how to handle loosing my income and my paid housing all at once. The days I’ve had to travel long distance for doctor’s appointments, they said they are taking my paid vacation days away I’ve built up the last year and a half. I’ve worked extra days on weekends to earn them back but it’s stressful and makes me worry about having a place to be safely to bond with my new baby. Would I qualify for any kind of assisted income untill I am able to return to my job, and how long legally would they have to hold my position for me to return?

Asked on December 3, 2017 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF your employer has at least 50 employees within a 75-mile radius, you are entitled to up to 12 weeks of unpaid leave under both federal (e.g. FMLA) and state (Washington Family Leave Act) for and after the birth of your child, during which time they have to hold your job. That is the only protection or benefit you get, other than any your employer chooses voluntarily to give you: there is no pay during leave; you only get up to 12 weeks; and your employer must be large enough (50 employees or more within that 75-mile radius) to qualify. Otherwise, if you don't qualify for this unpaid leave, they don't have to give you *any* leave or hold your job at all; as soon as you miss work without having and using sick or vacation days to cover your absence, you may be terminated.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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