Human Resource Blog

Pregnancy Leave Florida

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	Compensation
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In Florida if a woman goes on maternity leave is she entitled to any compensation? We do not fall into the FMLA we are too small of a company.

Only 5 U.S. states have short term disability plans that provide benefits to women after childbirth, and Florida is not one of them.

Most employers are covered by the federal FMLA, the Family and Medical Leave Act. This law requires employers to give workers up to 12 weeks of leave during pregnancy & after childbirth. The employee is guaranteed his or her job upon return from FMLA leave. However, FMLA is unpaid.

Even worse, from this question it appears that this Florida employer is too small to be covered by the federal FMLA, which applies to employers with 50 or more workers within 75 miles.

Some companies, usually larger companies, provide paid maternity leave, but they are in the minority. This is strictly a matter of company policy.

If the employer provides short term disability benefits, or other benefits, to workers who are temporarily disabled by a heart attack or cancer (or for other reasons) then the employer must provide the same benefits to pregnant workers. This is under the PDA, the Pregnancy Discrimination Act.