Legal Question in Employment Law in Florida

Leave for pregnancy?

I am pregnant and work for an employer with fewer than 15 employees. I am not sure if I want to return to work after my pregnancy and wanted to know if my employer has to hold my job open for me while I am out due to my pregnancy. I do not think the company has any written policies about sick leave. Thank you.


Asked on 7/24/06, 12:22 pm

1 Answer from Attorneys

Keith Stern Shavitz Law Group

Re: Leave for pregnancy?

Unfortunately, the Family and Medical Leave Act only covers employers with Fifty (50) or more employees and (requires that an employee be employed for a continuous year, and on a full-time basis). Additionally, the state and federal laws which prohibit pregnancy and other discrimination, which do require an employer to have 15 or more employees, do not themselves require an employer to restore someone to their former position if some sort of voluntary leave is provided.

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Answered on 7/24/06, 3:16 pm


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