How to Get Out on Maternity Leave Early

How to Get Out on Maternity Leave Early is Complicated

Saying that early leave is complicated is putting it mildly. If you get sick during your pregnancy or experience complications that require you take extended maternity leave, it becomes hard to understand your rights. The best thing to do is be prepared.

Three Important Things to Consider

There are three important topics you should research the second you find out you’re pregnant. Pregnancy complications can happen to anyone. The more you know and the more you prepare, the better. Each state and company has different rules and regulations. If you recently moved and are familiar with your previous state’s laws, don’t think that they’re the same in your new state.

1. Know your rights under the national Family and Medical Leave Act (FMLA).
2. Know your rights under your own state laws.
3. Know your rights as they apply under your company procedures and rules.

The best way to understand the most current national FMLA laws is to visit the U.S. Department of Labor page for FMLA. To get a run-down of your own state’s current procedures as they apply to pregnancy leave, look for your state labor office website.

To research your rights with your company, grab all your employee handbooks and resource guides and read them thoroughly. If anything seems fuzzy to you or the handbook doesn’t cover disability during pregnancy, make an appointment to speak with your company human resource department. If your company is too small to have an HR department, consider talking with your employer. But, wait until you’re ready to actually break the news.

Basics of Pregnancy Leave

The United States falls sadly behind almost all other countries in terms of satisfactory leave during pregnancy. How to get out on maternity leave early can quickly change to the question of "can you get out early at all and retain your job?". But you are protected in certain ways.

How FMLA Can Help You

FMLA only covers twelve weeks of unpaid leave a year. FMLA covers the following eligible employees:

• Birth and care of a newborn
• Adoption and some foster care placements
• Care of an immediate family member who is seriously ill
• Care of yourself if you become seriously ill

A lot can happen in one year, which is why this umbrella system has problems. If you develop a serious condition during pregnancy and must take leave, it is eating away your FMLA required leave. It won’t leave you with much for the actual birth and after care of your newborn.

How Your State Laws Can Help You

Some state laws generously add to the leave you can take during pregnancy. For instance, California is a better state to live in if you happen to be pregnant because they actually have some decent California maternity leave regulations that cover pregnancy disability leave for some women. It allows an additional four months of unpaid leave (after FMLA) to be taken if a pregnant woman is seriously ill or experiences a condition that requires leave. The law leaves it in the hands of the woman’s care provider to make the call if she’s too sick to work. If a doctor says she is, the employer must allow for leave.

This brings up an important issue: if you feel that you are sick or cannot work and your doctor is disagreeing, it’s within your rights to seek out the opinion of another care provider. Most, if not all states, are going to require proof of your illness from a care provider, like a doctor or a midwife, before allowing leave.

Not all states are as generous as California. Make sure to check your own personal state maternity leave laws.

How Your Employer May Help You

Your employer is required to follow FMLA if they fall under certain conditions. Unfortunately, not all employers do fall under FMLA. They may, however, fall under state regulations.

Some employers are great. Certain companies may offer their own package of leave for conditions related to pregnancy. If you’re already pregnant it’s late for this now. But, if you’re just considering pregnancy (or know you may be in the future), it is something to consider when you look for work. Finding out that a company is not family friendly or pregnancy friendly before you take a position is a much better deal than being pregnant and then figuring out that your company discriminates.

What to Do If You Feel Discriminated Against

Thousands of cases of pregnancy discrimination are brought to the attention of the Equal Employment Opportunity Commission (EEOC) every single year. If you are sick and cannot honestly physically work and you are fired, that may be discrimination depending on your company policy and state laws.

If you are sick due to pregnancy and need to figure out how to get out on maternity leave early, the EEOC is a great organization to contact. They can help you figure out your rights.

Another place you can contact for further advice and support is the U.S. Department of Labor Women’s Bureau.

Don’t go it alone. Contact a lawyer and one or all of the organizations above if you need to. When all women speak out for fair pregnancy rights the issues will change for the better.