Legal Question in Medical Leave in Maryland

Maternity leave

My wife is going to have a baby in March. Her employer is give a 6 week vacation and 2 weeks pay. Is she eligable to get more pay or not? Does state pay for any part her leave? Or can we apply to get any compensation? Please do let me know. Thanks


Asked on 1/15/06, 10:37 am

1 Answer from Attorneys
Jeffrey Sheldon

Re: Maternity leave

Congratulations!

Unfortunately, the only pay your wife is entitled to is earned vacation and sick pay, if her sick leave policy allows her to use it for pregnancy. There is no state compensation, and the FMLA only mandates unpaid leave.

Regarding the 6-week vacation, if the company is subject to the FMLA (basically, over 50 employees), and your wife is eligible (has worked for the company a total of at least 12 months and at least 1250 hours in the 12 months immediately preceding the leave), then she is entitled to 12 weeks of unpaid leave under the FMLA. The same goes for you - you can use FMLA leave for paternity leave to bond with your child.

Good luck!

Jeff Sheldon

The Sheldon Law Firm

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Answered on 1/16/06, 1:11 am


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