Maternity Leave

Your Rights to Maternity Leave

Under the Family and Medical Leave Act (FMLA), an employee who meets certain specific guidelines is legally required to give all both male and female employees twelve weeks of unpaid maternity leave after the birth of a child. When you return, the company is expected to give you back your old job, or its equivalent, including salary, benefits, and seniority. This is great news for the parents who qualify under the FMLA guidelines, but it still begs the question of how to replace the lost income and what to do in the event you are not covered by the FLMA.

FMLA Qualification Guidelines

For you to qualify for twelve weeks of unpaid maternity leave under the FLMA two things must happen:

• You must work for the federal, state, or local government, or your company must employ at least 50 people who work within 75 miles of your workplace.
• You must have completed at least twelve months of employment with your current employer and have accumulated at least 1,250 work hours during the previous year. That equates to 25 hours a week for 50 weeks.

There are two exceptions to the rule. If you are in the highest ten percent of wage earners in the company and your employer can prove that your absence would create substantial financial harm to the company, then your employer is not required to keep your job open. And, if you and your spouse both work for the same organization, the company is only required to give you and your spouse a combined twelve weeks of maternity leave.

Replacing a Paycheck During Maternity Leave

Finances are one reason it is a good idea to carefully plan your pregnancy. Many families cannot afford to go twelve weeks without a paycheck. Fortunately, there are some options:

• Most employers will allow you to use your accumulated sick leave, vacation, and personal days for maternity leave. This means whatever paid time you can accumulate prior to and during pregnancy can be taken during your twelve weeks home with your newborn baby.
• Short-term disability insurance is meant to cover your salary, or a portion of it, when you are unable to work due to illness, injury, or childbirth. You can purchase short-term disability insurance privately, or it may be offered as part of your benefits package through your employer. Consult with human resources about the coverage and a tax accountant regarding the tax consequences of short-term disability benefits. Some states offer state-sponsored disability payments to women on maternity leave, so make sure you are familiar with the relevant laws in your state.
• While twelve weeks at home with your newborn is ideal, it is not always medically necessary. Most doctors will want you to take off a few weeks after delivery before returning to work, and many licensed childcare facilities will not take newborn infants until they are at least eight weeks old. However, if your doctor releases you to return to work, and you can make alternate childcare arrangements with family and friends, you may be able to return to work earlier than twelve weeks.
• If you are not covered by FLMA and your employer will not hold your job for you, spend part of your time off work updating your resume. With a little diligent effort on your part, you may be able to procure new employment by the time you are ready to return to work.

When to Apply

Your employer may have written guidelines regarding maternity leave. Consult with human resources. Either way, plan to apply for your leave at least 30 days before your impending due date. Babies tend to be born on their own schedule, so it is best to prepare early.

Preparing To Go Back To Work

If you are on leave, you know that eventually you'll probably have to leave your baby and go back to work. The first few days are the hardest! It will get better, though! To make returning to work a little easier, keep these points in mind:

1. Find day care for your child that you are totally comfortable with!
2. Take lots of pictures of your baby to work with you.
3. If possible, plan on calling your childcare provider at least once during the middle of the day to ask about your baby.
4. Don't be too hard on yourself. It's ok to cry!
5. You can continue to breastfeed when you go back to work!
6. You'll be exhausted the first week or so, so go to bed early!
7. Talk with other working moms. You can give each other sympathy and support!

Finally, don't be afraid to advocate for yourself!

In Conclusion

Know what your options are long before your expect to need them. Prepare yourself by making sure you have disability insurance and savings to cover unpaid leave. Consult with your human resources department as soon as you know you are pregnant, or even before you get pregnant, then use the information to prepare for the big day when you can hold your baby in your arms.

You can also contact the U.S. Department of Labor at:

U.S. Department of Labor

Wage and Hour Division

200 Constitution Avenue, NW

Washington, DC 20210

Phone: (866) 487-9243

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