They do not have to pay you. You can also take up to 12 weeks off, unpaid. I do believe it is illegal for your employer to force you to use vacation time as maternity leave. I was told by my employer that I would get 6 weeks off.I was paid for the 6 weeks, which they did not have to do.nytime you have to take leave at my company you have to use your vacation time first. Luckily I have short term disability so I can take 12 weeks with full pay but I do have to use my vacation time first according to my companies policy. Not very fair but thats how it is here.