My Journey into Legal Shmegal-Land

Alrighty, well here’s what I’ve been able to find on the law front:

Bad News: I won’t qualify for FMLA at all, since I will not have been there for a year, and this company employs 45 people, not the 50+ FMLA requires.

Good News: I will qualify for Disability Leave, so it’s up to my doctor/midwife to decide when I can return to work.
“8 or more employees and the business is not a religious non-profit organization, she is allowed maternity disability leave and is entitled to return to work when released by her health care provider. The disability leave is based on her individual condition and may include all the time her health care provider determines she is unable to work. For more information on maternity disability, see the Washington State Human Rights Commission Web site, or contact 1-800-233-3247.”
“Q. Is a woman entitled to maternity leave?

Under the law a pregnant woman is allowed to ask for medical leave away from work. This may include all the time her medical provider thinks is required. The law requires the employer to allow a pregnant woman time away from work for abnormal conditions.

Q. Is the employee entitled to her job back after she delivers the baby?

Yes. Once the medical provider releases the woman to return to work the employer is expected to bring her back. However, the employer is not required to keep her specific position open though. If necessary the employer may fill the original position. Then the employer is expected to bring the employee back to work in a similar position after her medical provider releases her.”

There’s lots more written, but those seem to be the key points for my situation. I’ll know even more once I get an employee handbook, but for now I’m just trying to figure out what I can.


4 responses to this post.

  1. Congrats on the new job! Hope you get all the nitty-gritties figured out.


  2. Posted by babycrazykiwi on August 29, 2012 at 1:06 am

    Congratulations on your new job. I’m glad things are looking up!


  3. Yay for new job. Just wanted to flag . . . disability? In relation to maternity? How does that work? (Ignore that, if I’m being too nosy!)


    • I was a little surprised to read that as well, and while I don’t really like to think that having a baby will “disable” me, I guess I can see how the government would categorize it like that, since it is something you need time to recover from.


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