Employer

I'm sitting here in my office very frustrated at my boss. I told him I was pregnant Tuesday. We had a brief conversation about being off and such. Let me back up and tell you that I work for a small business. We have about 12 full time employees. We do have insurance, Blue Cross/Blue Shield, nothing else. Okay, so when we had this brief talk I asked about leave, I pretty much told him it would be a minium of 6 weeks for a normal delivery 8 weeks for a c-section. He laughed and said, 6 weeks at once? I said yes. He said well you earned it so we will work something out. I said okay. I also showed him a little manual that I put together on how to do my job, when I'm out. And told him that I would show whomever takes over my tasks what they needed to do. He was fine with that.  We didn't talk about pay then. 

Yesterday I sent him an email, I wanted something in writing, basically just restating the 6-8 weeks, and asking if I was going to be paid my full salary and benefits..ins. He never responded. He left this morning to go back to his home, he lives in another state and comes in every week or so for a few days. Well, he did call this morning and I asked him if he read my email and he said yes. He wasn't sure what standard practice was, but we would "work something out". OMG does he not understand that I need to know now. I told him that if I wasn't going to be paid my full salary or at all I needed to know asap so I could make arrangements. He said we'd talk about it when he comes back. 

This really stresses me out. I knew when we were trying to get pregnant, there was a chance I would not be paid during my leave. That's fine-not really-but what can I do? I do however need to know what's going on. Stop putting it off. I know it's only been 3 days but still. 

So my question, how should I talk to him? If I have too I can work from home, but will only offer to do my reports, that I'd have to show someone how to do. They are all done on Friday's. I just don't really know what to say to him about my salary or if he offers only 50% pay, should I then offer to work from home on Friday's for more?

You need to talk to your local employment/labour agencies on your rights.

I live in Canada, pregnancy leave is 12 months and can be split between spouses.  You also get appr. 60% of your wages.  Your postition is guaranteed when you go back to work.

I know for sure they have to give you 6-8 weeks, position is guaranteed or similar position, but pay is not guaranteed. 

Hi amy4302,

Hopefully some of this will reduce your stress, which obviously is not good in any way for the baby right now.

FMLA (Family and Medical Leave Act) guarantees you 12 weeks of unpaid leave and you cannot be fired for taking such leave. Your employer must return you to your position or a "similar" position when you return. However ,no employer is required to pay you during that leave. 50% of pay is not a bad deal if that is your employers past practice, meaning that is what he has done for other pregnancies. The last thing he wants is a pregnancy discrimination suit brought against him for paying somebody else 100% pay for 6 weeks and you 50%. That is unfair labor practice. You may want to dig a little and see what other people have received, if applicable.

I suggest you seek out peer companies like your own (the same business), cold call their HR departments and ask them how much pay they get for a 6 week vaginal-delivery leave and a 8 week C-section leave. In this way, you will formulate what the "standard" is foryour industry, and can report it back to your boss when you talk again. Determining the standard is really his responsibility, not yours, but it's in your best interest to do your homework.

Secondly, determine if your employer has STD (short term disability). A childbirth is considered a STD under most plans, and typically cover 66% of your base salary while you are out.

In my experience, companies usually pay for the leave of absence even when the employee has no "sick time" available, just as good faith, however in this economy that is becoming scarce. It really depends on how badly your boss wants you to return.

I also personally suggest that you not come into the workplace during your leave, not even for reports. I know it seems like it wouldn't be a big deal, but technically if you are out on "disability", you shouldn't be in the workplace doing anything. Besides, you deserve the 6 or 8 weeks to be home with your newborn.

Lastly, get any agreement about the leave or payment of leave in writing. No exceptions. The last thing you want is a struggle to justify what you should be getting paid as you recover from the childbirth. Get it all taken care of beforehand and don't be afraid to ask for it in writing. All FMLA paperwork must be in writing anyway, however based on the size of your employer (if less than 50 employees) they may not feel the legal need to have to provide you with your FMLA rights.

Know your rights, and you will be fine.

Thanks mfonzie for all the information. I'll do my homework before he and I talk again for sure. Unfortunately there's no one else in the company that's ever been pregnant, and most likely I'm the only one that would ever have a baby.  

We do have Aflac, there was a guy out here over the summer talking to us about it, but I of course didn't enroll in anything. It's probably too late, I can check into that though. Not sure if being pregnant now would be considered a pre-existing condition.  I just have a feeling I won't be offered any pay. He's laid off/fired a couple of employees in the past few months and is cutting cost wherever he can. I almost feel guilty asking for full pay but I think I'd be stupid not to ask. 

Aflac is probably a dead end since you are already pregnant, but give it a shot.

Well, the good news is that the pregnancy protects your job (in a sense) until your are due next year. Employers usually don't terminate employees once they have learned that they are pregnant, for obvious reasons. However, nothing is fully protected. Since you are such a small employer, even FMLA doesn't technically apply, but like I said, most employers still follow the same rules to avoid lawsuits. Just trying to prepare you so you don't say "these are my rights" when they actually aren't.

I forgot to mention earlier that its very smart for you to do so much in advance now. Most employees don't do this, and I know since I work in HR. They typically wait until the last minute then are shocked when everything is unpaid.

Here are some other tips that may be helpful in the event you will not get paid and need to compensate for that gap in compensation by maximizing your existing paycheck.

1. Review your W-4 deductions. Most of the time people do Married-1, or Single-0, never realizing that they should probably be taking much less out of their paycheck. If you are married with kids (for example) you could probably be doing Married-7, and still get money back in a tax return at the end of the year. I recommend you try this link: http://www.paycheckcity.com/coadp4/w4instruct ion.asp

2. If you currently participate in your companies 401K, reduce your 401K participation level (or stop it completely) until after you return from leave and use that money you save to help out during the 6 weeks of unpaid leave.

3. Brown bag your lunch, and ask your spouse to do the same. It saves a lot.

4. If your company has open enrollment soon, make sure you choose the best medical plan for the childbirth. A normal childbirth with vaginal delivery costs upwards of $35,000, C-section much more. Pick the best plan for you.

Also, I advise you to give your boss three possible dates and times that you are available to discuss this again. Most employers respond the best when a conversation is planned. If it's just sitting out there with no exact date, it's much too easy to avoid.

If you have any other concerns, please post them. I'm pretty awesome and will always give thorough responses. Let us know how the conversation goes.

I don't think you need to be enrolled in anything in order to take short-term disability. Your employer should have insurance (Aflac?) to cover it. I had a c-section and received 6 weeks of disability at 60% of my pay. In order to get the 6 weeks, I had to use one week of paid time off before the disability kicked in.

Link to the Department of Labor's website on FMLA:

http://www.dol.gov/esa/whd/fmla/

I really feel for you ladies in the States.  Its almost as if you are penalized for having children!!

Amy I hope you get things worked out before baby arrives

A note on the FMLA--my mother works for a small office also, FMLA does not apply when less than 50 employees are involved unless it's a public agency.

OMG!! I'm horrified!! I had no idea things were so bad in the US regarding mothers rights!!

I live in the UK and we are automatically entitled to 52wks of maternity leave. We are entitled to statutory maternity pay for 39wks of that leave, and you can begin your leave up to 11wks before your edd. We are also entitled to statutory maternity pay which is 90% of your average weekly earnings for the first 6wks, then up to £123 for the remaining weeks. When we return to work, all mothers are entitled to Childrens Tax Credit which help with the cost of childcare, and Child benefit- regardless of their income. They may also be entitled to Working Tax Credits if their income is below a certain level.

And your medical care/hospital treatment is free. I can't believe the cost of medical care there...!

I'm eternally thankful we live in a country with a national healthcare system!

Sorry- I have no helpful info for you, but I would investigate what you're entitled to by law and know where you stand when you next speak to your boss- and have copies of the informations for him too. I also agree with mfonzie not to go anywhere near your office while off on leave. If you start 'popping in' they may think you don't need the leave allocated to you! Stay away & enjoy your early days with your new baby!

Thank you all for the wonderful and helpful responses. I have a lot of research to do. It looks like FMLA doesn't apply to me, since we have less that 50 employees. But, I will make sure I inform him of FMLA, if he doesn't already know.  I'm definitely going to check into changing my W-4 deductions maybe starting in January. I really don't think he's going to pay me much of anything, but we will see! I will let everyone know what happens. We will probably talk next week sometime. I will send him a few different options on when to meet, after I find out his schedule for next week. 

Original Post by spoiled_candy:

You need to talk to your local employment/labour agencies on your rights.

I live in Canada, pregnancy leave is 12 months and can be split between spouses.  You also get appr. 60% of your wages.  Your postition is guaranteed when you go back to work.

I agree that you should talk to your local labour agencies and also look up your state/federal policy.

...not quite true about Canada. Yes, you get 52 weeks total but  it's split between maternity leave and parental leave. Maternity leave can be taken by the woman only and varies by province-- typically 17-18 week. Parental leave can be split between the woman and the spouse/partner but can't exceed 52 weeks total. E.g. if the woman decides she wants to go back to work after 3 weeks, the partner still only gets 37 weeks. This is UNPAID leave.

BUT you get Employment Insurance benefits on maternity leave (woman only) and on parental leave (woman or partner) as part of Canadian social benefits. EI (and universal health care) are just two of the reasons we pay higher taxes than the US (personally, I gladly do for the services!). However, EI is 60% of your salary to a MAXIMUM of ~$440/week (taxable at the marginal income tax rate).  Any "top-ups" in salary depend on your employer's benefit package. Many (most?) don't provide top-ups. If your employer typically has a benefits package they are required to continue benefits during maternity leave only (not during the parental leave portion--depending on your employer you may have to pay for them yourself or stop the benefits during parental leave).

Your employer is obligated to keep your job (or one at a similar position/level) for 52 weeks, and when you return you are entitled to the seniority, pay rises, etc. that have accumulated. BUT, if you don't return to work you may have to pay back all the top-up and benefits you received during your leave--under the law employers are not obligated to let you keep it.

For Canadians (and anyone who's curious) here's a good link that summarizes the labour law for maternity in an easy FAQ format:

http://www.hrsdc.gc.ca/eng/labour/publication s/employment_standards/maternity/page00.shtml

We have child tax benefits too, but don't know as much about that (still a few months to figure it out ;)

Yeah, overall Canada is a pretty good deal. Now the male bosses' attitudes just have to catch up! (one reason I know all this stuff about my rights-- but that's a whole other story!)

Just make sure you have all of the info when he finally makes time for you two to discuss everything.  I would also print out every email you have sent regarding the subject as a back up.  Email him again and set a time FOR him and get him to commit to it.

"It is important we discuss this information by the end of the week.  I have time on Tuesday at 3."  You know, just make sure he is aware you aren't backing down.

I don't know my insurance "rules" and stuff but I do know that if you ask him about pay...he should know.  It's kinda scary that he doesn't want to talk right away and he should know how that situation is handled since he's the boss.  I also think you should avoid working at all while you're gone.  I know it will be tight but then you open yourself up to "well, you said you would help out even though you're on leave".  Because you don't want to lose your job you'll do it but you shouldn't have to.

Good luck!

I'm definitely not going to offer to work, even from home. I want to spend every second I can with my new one or asleep! ha I should know today if he's coming into town this week. If he is I will tell him we need to clear this up by weeks end, and give him a couple of days a times to choose from. 

Thank yall! 

okay so I talked to my boss today. I had no idea he was coming in this week he just popped in. He's leaving tomorrow for Cali for 2 weeks so today was my only option to get some relief for a while. WELL I'm still in the dark. He basically asked me to give him a padded figure that I can live with while I'm out and we would go from there. Come June when I'm due if we're doing better as a company he would pay me more, but right now he can't offer 100% pay. As for the time off I told him minimum 6-8 weeks and he was fine with that. uggh I guess this is a lot better than nothing. I'm just not used to working for such a small company where nothing is set in stone.