We have a maternity policy and have held 2 employees to this policy. We offer to allow them to use all sick leave and vacation to receive full pay and or 6 weeks at 50% pay. We also offer an additional 6 weeks at no pay for a total of 12 weeks. Now someone else is pregnant and they are going to allow this person to work from home while out on maternity leave (12 weeks) and want to pay the full salary. Is it legal to offer different policies to employees? We are not bound by FMLA since we only have 18 employees and are in the state of Virginia.
1 Answer from Attorneys
Yes, such polices on the part of employers not subject to FMLA and/or other federal or state labor laws may vary from some benefits offered to the pregnant employee or none at all as long as the requirements of the Pregnancy Act of 1978 are not violated.