Maternity Leave, Disability, and Unemployment

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If you need basic answers about maternity leave, disability, and unemployment, you’ve come to the right place.

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Many new moms have questions about maternity leave

Answers About Maternity Leave, Disability, and Unemployment

These terms in relation to pregnancy can be confusing. Which benefits are you eligible for and which terms even apply to your specific pregnancy? It’s overwhelming. It would be impossible to completely cover each topic term in one article. That said, the following is a break down that offers basic facts and extra resources about each term so you can continue to research on your own.

Maternity Leave

What is maternity leave?:

Maternity leave, disability, and unemployment are all somewhat confusing terms, but maternity leave may be the worst. It goes by many names – parental leave, family leave, pregnancy leave, or a specific workplace phrase. In addition, leave varies from company to company, state to state, and country to country.

The bare basics of maternity leave include the following:

  • Maternity leave is time you take off from work to care for yourself during pregnancy or to care for a new baby.
  • The time frame for maternity leave varies for each family. Some mothers who are advised by their doctor to have bed rest may take leave early. Some moms work right up until a week or few days before their due date. The time period usually extends anywhere from weeks to months after a child is born.
  • Maternity leave can also be taken for adopted children.
  • Paid time off is a norm in other countries but very rare in the U.S.
  • In 1993, the Family and Medical Leave Act (FMLA) was passed in the U.S. This act ensures that mothers and fathers meeting certain criteria are allowed leave.
  • FMLA covers 12 weeks of job-protected leave for birth or adoption, which means you cannot be fired during that time. You can however be switched to a comparable position upon your return, which many consider a major glitch in the act.
  • FMLA only covers you if you work for a large enough company but it never guarantees paid leave. Only your company can offer paid leave.

Does maternity leave apply to pregnancy?:

Yes, it absolutely does. Make sure you are aware of FMLA laws at a national and state level, plus your company policies surrounding maternity leave. Most likely your company calls it “Family medical leave” in their employee guidebook.

Further maternity leave resources:

Disability

What is disability?:

Disability in relation to pregnancy is usually talking about short-term disability. Short-term disability is one way that you can afford to take maternity leave. Often, maternity leave is made up of both unpaid leave and some paid leave, such as a combination of sick time pay, vacation pay, personal days, and short-term disability.

Short-term disability is not an automatic option though. Not all companies or states offer it. If your company does offer disability pay like this, it may cover around six weeks worth of leave but not at your full salary rate all the time. Often, short-term disability only covers 50 percent of your pay. You can also buy private short-term disability through an insurance company.

Does disability apply to pregnancy?:

Yes, if you have it available to you. Disability is highly variable depending on your salary, your plan, your company, and state of residence. It’s best to talk with your human resource department or insurance carrier to find out your options.

Further disability resources:

Unemployment

What is unemployment?:

Unemployment is the least related to pregnancy of the above terms. Really, something like unemployment insurance is only going to apply if you happen to be fired while you’re pregnant. FMLA protects many workers from this situation. However, not all workers are protected by FMLA and you may find yourself fired or laid off. Whether or not it’s due to your pregnancy, unemployment insurance was created to provide workers a weekly income during shorter periods of unemployment.

Does unemployment apply to pregnancy?:

It depends. You have to be let go by your employer. If you quit your job, you’re automatically ineligible. Most of the time you have to be employed for a certain amount of time (three months is common) before becoming eligible for benefits. Also, if you show gross negligence or are fired for destruction of property or harm someone, you also may be ineligible.

Further unemployment resources:

If you have more questions related to maternity leave, disability, and unemployment, then the following are great articles for you.


 


Comments

I am pregnant & just informed that my job will be ending 2 weeks before i am due to give birth. I was wondering if I am able to take maternity leave & get paid for the 6 weeks.

-- Contributed by: Suzanne

Elizabeth, do you qualify for FMLA? Maternity leave questions are really tricky because the law varies greatly from one state/company to another. Most places will give you about 12 weeks of time off, but that includes time off before the baby is born as well. Your local employment bureau may be able to help you get more answers.

The only way to collect unemployment is if your employer fires you. If you are close enough with your manager, you might want to discuss this option with her.

-- Contributed by: HollySwanson

I actually have a question.... I am 29 weeks pregnant, and was just put on bed rest for the remainder of my pregnancy, i am due between april 9th-16th ...i work at a child care center, and i cannot bring my baby there until it is 3 months old, leaving me out of work for 6 months instead of the usual 3 for maternity leave... my question is, can i collect unemployment for at least 3 months until i deliver the baby, since i am constricted to my bed and am unable to work? or is there some type of program that can help me?

-- Contributed by: Elizabeth
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