Is Everyone Entitled to Maternity Leave?

Hey guys, Paul Simon here with the Law Firm of Simon Paschal. Today, we’re going to talk about the term maternity leave. We’ve obviously all… We’re all familiar with that term and had friends who’ve taken maternity leave and family members as well. So what is maternity leave? Two things. First, there is no legal law that says this is maternity leave and everyone’s entitled to maternity leave. Where maternity leave actually comes from is the law known as the Family Medical Leave Act or FMLA. And that law only applies to employers who have at least 50 employees within a 75 mile radius. So for example, if here in Dallas, if you only have 25 employees, then you have 25 employees in Austin, and another 25 employees in Houston, you have more than 50 employees, but they’re not located within a 75 mile radius.

So it’s likely that that employer is not obligated to follow the FMLA. And the FMLA is where you get your maternity leave. Now, there are plenty of companies though that have their own internal policies that say, “We give maternity leave regardless if we have the 50 employee threshold.” So just be mindful of that. If you or a loved one is pregnant and you’re thinking you are going to go on maternity leave, make sure that either your company has, is obligated to give you FMLA under the Family Medical Leave Act, or if they have their own policy that they’re actually going to enforce it. So that’s our little tip or factoid of the day. If you have questions, feel free to reach out to us. Thanks!


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