Odessa, FL asked in Employment Discrimination and Employment Law for Florida

Q: Maternity leave benefit question.

I am working for the company that has maternity leave benefit. But when I requested maternity leave, they denied it and told me that I am actually working for different entity, and that entity doesn't have this benefit. I checked my W2 form and in there name of the company that has maternity benefit, not that HR claims I am working for.

I there any way to solve this situation, so I can get maternity benefit?

PS Company based in California, I am working remote from Florida

1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
  • Employment Law Lawyer
  • Columbus, OH

A: You can try pointing out the discrepancy in company names to HR; it's possible they just made a mistake when denying your application. If they still deny your claim, you can apply for FMLA leave to use for the birth of your child and recovery period if you have worked for your company at least one year, and at least 1,250 hours within that year if the company has at least 50 employees within a 75-mile radius. Unfortunately, there is no federal law that mandates paid maternity leave.

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