Legal Question in Medical Leave in Arkansas
paid short term disability
I have been employeed at a company since June 20003. Upon entering the job the rule for ''maternity leave'' was that it was a benefit and would be paid. The company would pay 66%(before taxes and insurance ) of your salary to you for the time off. I am now 17 weeks pregnant, and had planned on recieving that benefit. The company has now (a few weeks ago) decided to change the policy to you have to accumulate any time you must take off. ( at the rate of recieving 1 day a month) But if you miss a day, you must use your alloted day. (No chance for building up days) Shouldn't the old benefit apply to me because it changed after I became pregnent? Shouldn't I get paid maternity leave? I became pregnant while the old policy was in effect.
2 Answers from Attorneys
Re: paid short term disability
I need more info to answer your question. Your company may have a handbook that would help in determining this. Has your company changed ownership? Do you have an employment contract? The Family Medical Leave Act is for providing that a mother's job is there after birth. Each company has different policies about paying you. I would need to see where it was written and when it was changed to see if the original rule is bind ing your situation. Have you asked them if they would abide by the original rule? I wish I could be of more help, but if you want a more complete answer, contact me with more info.
Re: paid short term disability
Do you have any proof that the policy was changed because you became pregnant? Do you know if other employees have taken advantage of this benefit before it was changed? I would also like to see a copy of both policies, before and after. There may be some help in the written policies.
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