How do i know if my boss is supposed to pay me while on maternity leave?

UPDATED: Sep 30, 2022

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How do i know if my boss is supposed to pay me while on maternity leave?

She only wants to give me 6 weeks and
unpaide.. when I work full time 49
hours before my leave starts. Should I
be getting paid something or get more
time off?

Asked on May 20, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) There is no obligation to pay employees on maternity leave, unless there was a written employment contract stating they will get paid leave. An employer may choose to pay, but that is the employer's choice.
2) You can take up to 12 weeks unpaid leave under FMLA *if* the company is covered by FMLA (it has at least 50 employees within a 75-mile radius) and you are also eligible for it (have worked there for at least a year; have worked at least 1,250 hours in the last 12 months). If FMLA does not apply, you can only get as much leave as your employer is willing to give you, supplemented by any paid time off you have (e.g. vacation days) and choose to use.

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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