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Question: For pregnancy leave, is an employee covered if not eligible for Family and Medical Leave Act (FMLA) entitlements due to a company size of less than 50 employees within 75 miles in Florida?

Answer: Even if an employee is not eligible for leave under the Family and Medical Leave Act (FMLA), due to working for a noncovered employer or working in a location whereby the employee is ineligible, there may be other leave laws that protect such cases.

Florida does not have a state law that specifically requires employers to offer pregnancy leave. However, employers covered by the federal Pregnancy Discrimination Act (PDA) must provide the same leave benefits to women affected by pregnancy that are provided to employees with temporary disabilities (29 CFR 1604.10). The leave could be with or without pay, or not provided at all, as long as all employees are treated the same in their requests for temporary leave. The PDA covers private employers with 15 or more employees and all state and governmental agencies. Additionally, the Americans with Disabilities Act (ADA) may also cover medical issues that arise throughout the pregnancy.