Legal Question in Employment Law in Florida

I was hired by a company, accepted and am starting next week. I have a baby due in December.

No one asked me about my pregnancy. How do I tell my boss or should I? I will be taking time off durin December for 6 weeks.


Asked on 8/13/10, 6:06 am

2 Answers from Attorneys

Danialle Riggins Riggins Law Firm, PA

First, congratulations! Second, pregnancy is not something that you can hide. I would suggest that you commence employment and after you have become familiar with the position, staff and management, you discuss your pregnancy and possible leave time.

Information that you need to obtain is if the company has paid-time-off or a sick leave policy. If they do, you need to learn the qualifications and hope that you meet them. If the employer does not, see if they are willing to make arrangements for time off after the delivery of the baby and allow you to return. You would want this in writing but please know that "at-will" employment will still apply.

Your question states "6 weeks." Is this due to medical issues. Please know that there is no law or standard rule that an employer has to permit you to be out of work for "6 weeks." Most employers comply with the doctor's release date. Some doctors are releasing new mothers as early as 4 weeks if there are no complications.

Since you have not been employed by this employer for over one year, you do not have the protection of Family and Medical Leave Act, which several mothers used for post delivery time off.

If you have any additional questions, please feel free to contact my office.

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Answered on 8/18/10, 6:53 am
Scott Behren Behren Law Firm

Tell your employer ASAP. Tell them of your leave plans. Find out if there is any short term disability offered for your leave although Danielle is right, there is no FMLA if you have only worked there for six months. I would also keep a log of your communications on this issue with your employer and any responses just in case they give you a hard time with your pregnancy. Hopefully you wont have any issues, but if you do and need more information on pregnancy discrimination, check out our employee rights blog www.takethisjobnshoveitblog.com.

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Answered on 8/18/10, 7:13 am


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