Legal Question in Medical Leave in Georgia
What maternity leave do employers who aren't covered by FMLA give
We have a small company with 9 employees in Georgia. We are a private corporation and not affiliated with any public entity or larger company so it appears we are not covered under FMLA. Do we have to offer maternity benefits? Also, do we have to keep a job open for people on maternity and can we rehire them at a lower rate with less benefits upon return from unpaid leave since we are not covered under FMLA?
1 Answer from Attorneys
Re: What maternity leave do employers who aren't covered by FMLA give
Assuming the company has only 9 employees in total (in all locations), you are correct that it would not be covered by the FMLA. Thus, you would not have any obligation to restore an employee to her position when she returns from maternity leave. The Pregnancy Discrimination Act, however, prohibits employers from treating employees who are pregnant or have taken maternity leave less favorably than other employees who have a temporary illness or medical condition. The PDA, however, only applies to employers with 15 or more employees, so than may be inapplicable to you as well. If you are located within the City of Atlanta, the Human Relations Code may apply even though you do not have enough employees to be covered under federal anti-discrimination laws.
I would be happy to discuss your rights and obligations with you in further detail. Please feel free to contact me via email or phone to schedule a free consultation.
This response is for informational purposes only and does not create an attorney-client relationship.
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