Legal Question in Employment Law in Florida
employer's options during a maternity leave
Employer is a small business, under 20 employees. Employee has been out 10 weeks on maternity leave. She never gave formal notice of when she was entering maternity leave and has not been in contact with employer since her leave began to inform when she will be back. What type of notification does the employer need to provide to cover themselves if they need to replace the employee? Is there a time limit for maternity leave or is that at the descretion of the employer? Thanks for any assistance you can provide.
1 Answer from Attorneys
Re: employer's options during a maternity leave
With less than 50 employees you do not need to comply with the Family Medical Leave Act. You therefore have descretion to set your own leave policy. You should treat maternity leave as you would any other short term leave. If you gave some employee with a heart attack 15 weeks off then this employee should have 15 weeks. Whatever your policy is, it should be consistant. If you do not have an employee handbook, you need to get one so that everyone knows how issues like this can be covered.
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