How do i know if my boss is supposed to pay me while on maternity leave?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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