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Jul20

Maternity Leave

Do you have to have an employee who is leaving on maternity leave fill out paperwork? if so, what?

thanks,

If you have 50 or more employees, then your company is covered by FMLA and you should have the employee complete FMLA forms such as the ones at the bottom of this page: http://www.dol.gov/whd/fmla/index.htm

If you are a smaller company, some states have a family leave law requiring that you complete paperwork. Because you do not mention your state, we cannot advise you on that.

If you are not covered by the federal FMLA or a state family leave law, there is no law that you must return this employee to her job after taking time off for childbirth disaibility. You should have the employee sign a letter or memo stating that she is taking time off and when she intends to return.

If you intend to return the employee to her job, you should also require a signed statement from her doctor that she is not able to work. Before she returns, you should require a signed statement from her doctor that she is physically able to do so.

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This entry was posted on Tuesday, July 20th, 2010 at 9:17 am and is filed under
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