[chirodo]

I approached my employer to discuss my maternity leave. The employer insisted that my maternity leave should be 6 month off from work. I'm requesting 6 weeks off with possibility of coming back sooner. The issue of six months seems to be set in stone with my employer. I can't afford to be off work for six months.:confused: I'm in fear of getting fired or laid off. I read that an employer may not have a rule, which prohibits an employee from returning to work for a predetermined length of time after childbirth. Is this true? What should I do?

[shygrneyzs]

You need to find out the particular policy in your company. Is there an Employee Handbook that spells out things like vacation, sick pay, leave time, conduct, etc. Is the person you talked to the owner of this company?

Requiring you to take six months off due to maternity leave is a great idea if you can afford it. But, honestly, how many can afford to take that time. Just you stated. Have you contacted an attorney with this question? Usually the initial consult is a freebie and you could get information on whether what this employer is requiring is unreasonable and also to find out your rights. You could also contact your state Labor Department.

Good luck to you.

[NeedKarma]

You don't state where you live and that affects the answers you would receive. Here in Canada an employer must retain your position for you when you return from maternity leave. As well you have access to be paid Employment Insurance for the duration of your leave. Some employers will top up that EI payment as part of their benefits package.

Personally I believe 6 weeks is far too early to leave your child (I'm a guy, we have 2 kids).

[ScottGem]

I don't know of any company that requires a specific period off for pregnancy. This is usually left up to the woman and her doctor. You should be asking your employer for a copy of this policy in writing.

Other rights you might have do depend on where you reside.

[NowWhat]

I think under the family leave act - maternity or family leave would be 12 weeks - you could return sooner - but after 12 weeks I don't think they are obligated to hold your position (I could be wrong). Also, you would qualify for short term disabilty. I have never heard of an employer requiring you stay our for 6 months. Have they given you reasons for this?

[Emland]

It would help if some basic info could be given. What country are you in? Do you work for an employer that has more than 50 employees? (that is pertinent in US) Are you working under an employment contract?

[chirodo]

I live in Victoria, Texas. My employer is the owner of this clinic. I will check on the employee handbook, but I don't think there is one. There are only three employees including me. There is NO contract between my employer and I. I started this job full-time in the middle of January,2007. Financially, 6 weeks is going to be tough, 6 months is impossible. I will make some calls to get some legal advice.

THANK YOU ALL FOR YOUR INPUT, I WILL INVESTIGATE FURTHER AND SEE WHAT THE NEXT STEP IS. IF THERE ARE ANY OTHERS WHO CAN GIVE ME SOME MORE INPUT, PLEASE DO SO!!

[Emland]

Businesses in the US with fewer than 50 employees are pretty much allowed to do what they want when it comes to policies such as this one, if there is no employment contract in place. What I find really odd is that most employers want the woman to come back way earlier than she and the baby need. Your case is unusual in that they insist on you takig 6 months. Have you asked them why and explained your situation? The only reason I might see is that you work in a clinic and they fear you might be exposed to something that would harm a newborn and they don't want to be liable.

If there is a Texas Employment Commission, they would have the info you need.