Maternity Leave

[barbielvus]

What is the name of your state? Nevada

i work for a small company near carson city we have less than 10 employees and i have been here over a year. i am planning on taking a 12 week maturnity leave. i need to know if there is any state or national laws or rights that i have to do so and if there is any sort of program that can help me suppliment my income during this time unemployment disability or so on please help i fear i will be terminated if i dont have some backing

 

[cbg]

Because your employer has less than 50 employees, you are not covered under the Family Medical Leave Act, and Nevada has no state-mandated maternity leave. So neither Federal nor state law requires your employer to offer you any protected leave.

In fact, because your employer has less than 15 employees, you are not even covered by the Pregnancy Discrimination Act. If you were, your employer would be required to offer you the same leave that someone who had a non-pregnancy related, medical leave was offered. If they would get three weeks, you would get three weeks. If they would get eight weeks, you would get eight weeks. And so on. But employers with less than 15 employees are exempt from the PDA and other Title VII laws.

Nothing in any law that you are covered under, requires that they allow you to take 12 weeks leave.

Nevada has no state disability plan and disability coverage is not required by law. If your employer already has a disability plan, you should be covered by it. If they do not offer a disability plan, the state is not going to force them to do so for you.

In Nevada, as in just about all states, in order to receive unemployment benefits you have to be able to work, actively looking for work, and accept work if it is offered. The large majority of people on medical or maternity leaves are not eligible for unemployment because they are not actively seeking work; nor are they able to accept work if offered. I saw nothing in the Nevada law that would indicate that you would be eligible.

NO state requires that you be provided with any paid leave while you are out on maternity. (Although California has passed such a law, it has not yet gone into effect, and no other state has mandated paid medical or family leave.)

I'm sorry, but under your specific circumstances I cannot provide you with the "backing" you request.