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May28

Paid Maternity Leave in Arizona

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Are companies required to give paid maternity leave? Do they need to have a certain number of employees? Or does it matter how long someone going on maternity leave has been working for them? thanks(Arizona)

There is no federal or state law that requires US employers to give paid maternity leave. California is the only state that has a paid maternity leave program – and in that case, the worker is usually paid by the state, not by the employer.

Some employers provide paid maternity leave, but it is entirely voluntary. An employer who provides paid disability for other medical reasons, must provide the same benefit for the time that a pregnant employee is medically unable to work – usually 4 to 8 weeks.

Under federal law, employers with 50 or more workers within 75 miles must give up to 12 weeks of unpaid family leave. Workers must have been employed at least 12 months for the company, to qualify. The worker must be reinstated to her job, after the leave is over. Several states also have laws requiring unpaid family leave for smaller employers. However, Arizona is not one of them.  

This entry was posted on Wednesday, May 28th, 2008 at 11:12 am and is filed under
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4 Responses to “Paid Maternity Leave in Arizona”

  1. Bob Dedecker Says:

    My Daughter is trying to assess her benefits as she is due to deliver her 1st child in 3 weeks. She works for a private company in Arizona. She is having difficulty getting some straight answers on published company benefits which, are not stated in such a straight forward manner.

    In part her comapny benefits manual reads…”workers will receive up to 6 weeks of state-paid leave per year to care for a new child (birth, adoption, or foster) or seriously ill family member (child, spouse, parent or domestic partner), which is paid by State Disability Insurance (SDI), not XYZ Company. Workers who already pay into the existing SDI system will be eligible for paid family leave. The insurance program is 100% employee-funded.”

    From that verbiage, I would think my daughter would have had a payroll deduction for contribution to the SDI plan mentioned but she cannot identify a payroll line item for such a contribution and what research I have done on the Internet leaves me with a void on this SDI program which looks as though it is only for employees of the State of Arizona, not employees of private companies doing business within Arizona”.

    So What I would like to ask is if you know of an SDI program within Azizona that private companies use such that the stated policy would make sense and do you know of any contact information for the fund so that my daughter can get some answers that the employeer seems to be unknowledgeable about in spite of their benefits manual.

    By-The-way, this employeer operates within the boundaries of California as well as Arizona and my quotation was from the benefits manual given to Arizona employees.

    Thank you for your time to reply.

  2. Caitlin Says:

    Hi Bob! This is a really complex question. It does sound as if the employee was given a CA handbook by mistake. Arizona has no SDI. My best guess is that this employee is entitled to unpaid leave under FMLA. For a complete discussion, please post your question on our sister site at http://www.laborlawtalk.com. And congrats on the new grandchild! Caitlin

  3. ordersomabuyg Says:

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    Super Man
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  4. Caitlin Says:

    Hi ordersomabuyg! Thanks! We like it too!! ~ Caitlin :-D

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