How long is maternity leave in Florida? This is a common question from new mom’s resident in Florida. To answer such questions, we have prepared its guide.
The state of Florida does not have any laws that guarantee job protection or benefits for new parents.
Private sector employees are at their mercy when it comes to how they approach this situation, with only two federal protections available: pregnancy discrimination under Title VII and leave from family obligations granted by the Family Medical Leave Act (FMLA).
Pregnancy Discrimination Act?
The Pregnancy Discrimination Act is a law that makes it illegal for employers to fire, refuse hire or deny promotion because of pregnancy. The woman must be treated just like anyone else in their company! This goes for sick leave and disability as well- if they offer this stuff elsewhere then it applies when dealing with pregnancy-related issues too.
FMLA
The Family Medical Leave Act is a law that allows private or public sector employees 12 weeks of unpaid leave to take care of newborn babies and newly adopted children. One thing though, if you plan on using this act then make sure your employer has more than 50 employees within 75 miles because otherwise, they won’t guarantee any protection for babysitting services.
The United States is the only developed country in which paid maternity leave isn’t mandated on a national level. And although three states, including California and New Jersey, require it to be provided by employers with parents wanting to take time off work when they’re expecting or new mothers returning home from the hospital after giving birth.
Florida does not offer any form of childcare so individuals must rely heavily upon sick leave if they need some private moments away during these difficult times.
What does the FMLA leave cover?
The FMLA protects you and your family. It covers the time off for prenatal care, serious medical conditions related to pregnancy such as severe morning sickness, or placement of an adopted child with full rights from birth through 12 months after they are placed in their new home.
Finally, extended parental leave can provide up to a year’s worth of coverage if both parents have been employed by the same employer.
Who is eligible for maternity leave n Florida Under FMLA?
To qualify for this parental leave, employees have to work 1,250 hours for their employer during 12 months (though it doesn’t need to be continuous).
If both parents are employed by the same company and they’re married too–the rules get more complicated though because only one parent can take any given amount of time off. Although, this does not include time take out due to serious health challenges.
Do I need to inform my employer that I am going for FMLA leave?
The Family and Medical Leave Act requires that employees give their employers notice of the following: For an eligible employee to take leave, they must provide adequate information as to why it’s needed.
When feasible (30 days advance) notice is also required unless there are extenuating circumstances that prevent doing so and when this is the case, you must inform your employer as soon as possible or at least two business days.
Can I be denied FMLA in Florida if I am pregnant?
Under the FMLA, employers are required to provide expecting mothers and fathers with up to 12 weeks of unpaid leave during a year.
The only circumstances in which an eligible employee could be denied this precious time off would be if he/she doesn’t produce supporting medical certification for some serious health condition or did not meet the FMLA’s notice requirements mentioned above.
Employers should also be aware that they don’t have to continue benefits for employees if they are going to lay off during the 12 weeks. For example, general layoffs affect other people in the company and similarly an employee giving notice that she doesn’t plan on returning can be denied FMLA protection.
Is paid and Unpaid leave allowed in Florida?
For most employers in Florida, paid maternity leave will be concurrent with FMLA. For those that offer other types of medical benefits or sick days for illnesses and disabilities, it must offer them for pregnancy too.
Can I lose my job for taking FMLA to leave?
If you’re denied the right to take FMLA leave, it’s against the law for your employer. They can’t use this as a negative factor in any employment action including firing and will more than likely have several legal repercussions on them if they do so anyway.
FMLA is a federal law that protects against pregnancy discrimination and also provides protections for pregnant mothers who take time off work.
Additionally, employers cannot fire someone under the auspices of FMLA; instead, they will be disciplined in some other manner such as receiving fewer hours or pay increases than usual while on leave. Due to this fact alone I would encourage any woman having this problem particularly those facing termination due to issues related to their pregnancies to consult with legal counsel for advice.
Conclusion
Employers are required to provide employees with certain benefits, including parental leave. If your company has 50 or more workers within 75 miles of the office and you work in the private sector–you may be eligible for up 12 weeks of unpaid time off under FLMA during natal stay-related absences or adopt a newborn child. You are also eligible for 6 months of unpaid leave if you work for the public sector in Florida.