hat mother wouldn’t want to have the luxury of time off after giving birth to recuperate and revel in the wonder of her baby? If you plan to return to your career after your baby arrives, you will need to plan ahead to protect your position at work and to ensure that your postpartum days can be devoted to your new family.
While the United States is far behind most countries in providing comprehensive parental leave, there are two federal laws in place that can protect your job during pregnancy and after birth, along with state laws that vary across the country.
Even though the term “maternity leave” (and recently, “paternity leave”) is most often used for the leave of absence from work after a baby is born, any kind of “parental leave” falls under the umbrella of Family Leave.
The Pregnancy Discrimination Act of 1978
The Family and Medical Leave Act (FMLA), 1993
Do I Qualify For FMLA?
I Don’t Qualify For FMLA; What Can I Do?
How Can I Find Out What Benefits My State Offers?
Next Steps
The Pregnancy Discrimination Act of 1978
This amendment to Title VII of the Civil Rights Act of 1964, protects women from losing their job due to pregnancy or time off due to a pregnancy related absence.
The Family and Medical Leave Act (FMLA), 1993
The FMLA benefits not only parents who take time off after the birth (or adoption) of a child, but those who need to take time from work to care for a sick relative – or to tend to their own illness.
Under the FMLA, workers have the right to 12 weeks off after giving birth. However, the act does not guarantee you will be paid for those weeks.
To qualify, you need to have worked at the company for a defined amount of time, and the company needs to employ a certain number of people.
Do I Qualify for FMLA?
To be covered, you must work for a company with at least 50 employees who work within a 75-mile radius. You need to have worked at your job for the previous 12 months, for at least 1,250 hours.
If you qualify for FMLA, your company is required to grant you 12 weeks of unpaid time off. Your company also must continue any prior insurance coverage during the time you are on leave, and your employer must guarantee that you can return to the same or equivalent job when you return. You should note that a company may require you to use your accumulated vacation, sick, and personal days as part of the twelve weeks off. Refer to your company’s employee handbook, or talk with someone in the Human Resources department, to find out your company’s particular policy.
I Don’t Qualify for FMLA; What Can I Do?
Even though you may not be able to bargain for paid time off, if your company has at least 15 employees – and has at any time in its history held a job for another employee due to medical issues – you have the right to ask for the same. (If you hit any resistance, point your employer toward the Pregnancy Discrimination Act of 1978.)
If your company offers sick leave, vacation days or personal days, you may combine these to comprise your time off. However, sick leave policies differ from one company to the next. Some companies do not allow workers to take sick days to care for others, even a newborn. Part-time workers fare worse, with the majority enjoying few benefits.
