Legal Question in Medical Leave in Georgia

Laws Governing Small Companies

The FMLA garauntees at least 8 weeks paid maternity leave for those working for companies with 50 or more employees, correct? Here's my question....recently, my supervisor who has worked for 12 years with my company was told she was getting 2 weeks of paid leave and anything after that was going to come from vacation pay. Is there anything out there to get her (and soon me) the same protection as those in larger companies? I mean, the kid can't even legally go to daycare until 6 weeks, and taking unpaid leave is not financially possible. Please help!


Asked on 2/22/03, 3:09 pm

1 Answer from Attorneys
James Zito Zito Law Group, LLC

Re: Laws Governing Small Companies

Regrettably, you are incorrect.

The Family Medical Leave Act (FMLA) does NOT guarantee ANY paid leave at all. What it does is require that certain employers (those with 50 or more employees) grant their employes UP TO TWELVE (12) weeks of UNPAID leave annually for family medical situations (birth of a child, adoption, illness, etc.). It also has provisions that, in certain circumstances, can require that the employee first use up any availble paid leave (i.e., vacation, sick leave, etc.) before the company is required to make unpaid leave available.

If you work in a smaller company (one THAT IS NOT REQUIRED to grant FMLA leave), you are fortuate that your employer is willing to voluntarily provide the two weeks of paid leave that he is offering - there is no requirement under federal law (EVEN FOR LARGE EMPLOYERS) THAT ANY PAID LEAVE BE PROVIDED AT ALL!

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Answered on 2/22/03, 6:16 pm


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