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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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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