Legal Question in Employment Law in Tennessee
Maternity leave changes
I have 12 weeks of Maternity leave thru my employer. I do not qualify for FMLA, as they have less than 50 employees.
A new supervisor is changing our employee manual and I am afraid that my maternity leave will be cut short or not allowed at all if this happens before the baby is born.
My employee manual, which I signed, states that my leave is 12 weeks. ** In addition to this fear, I may have to take my leave 1 month early per doctor's orders. The company is moving to a new location, where I will have to take a shuttle to the building, walk several blocks and climb stairs during the 8 month of my pregnancy.
Can they ''punish'' me in any way if I have to take my leave early? And, can they adjust the time of my leave since they are not covered by FMLA?
Thank you
1 Answer from Attorneys
Re: Maternity leave changes
1. If they are not covered by the FMLA then they do not have to give you any leave at all.
2. Depending how the current policy is drafted and other related provisions in the handbook are drafted you may have a claim for vested benefits. I would need more information on that before I could say.