Maternity Leave Rights

Maternity Leave Rights Under FMLA

In the United States, most people are referring to leave taken under the Family Medical Leave Act (FMLA) when they discuss an absence from work to care for a newborn. FMLA grants up to 12 weeks of unpaid leave following the birth of your child by protecting your job, benefits, and seniority until you return.

The first step in protecting your rights as a new mom is to determine if you're even eligible for protection. Unfortunately, a large number of working women in the United States are employed in positions that are not legally protected by FMLA. Section 825.110 of the Family Leave Medical Act states:

• an eligible employee is an employee of a covered employer who:
  • Has been employed by the employer for at least 12 months, and
  • Has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave, and
  • Is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of the worksite.

If you have accrued vacation and sick leave, remember that your employer is legally allowed to require that you use this time before you begin taking your FMLA leave. While it can be an advantage to have paid time off for part of your maternity leave, this may be a problem if you need to miss work at a later date due to your newborn's unexpected illness.

It is also important to keep track of how much FMLA leave you are using during your maternity leave. The employer notice provisions of FMLA only require an employee to be notified that her absence will be counted as FMLA leave. If you do not keep track of how much leave you have used and you exceed the maximum 12 weeks, your job is no longer legally protected.

Rights under Your Employment Contract

While the provisions of FMLA grant some maternity leave rights for pregnant women, you may also have additional protections under the terms of your current employment. For example, new mothers with at least five years of service at Johnson & Johnson are eligible for up to 26 weeks of paid maternity leave.

The best way to make sure your employment rights are protected is to make an appointment with your company's human resources department as soon as possible to discuss your maternity leave options. Shortly after you announce your pregnancy to your supervisor is the ideal time since you have no way of predicting if your child will be born prematurely or if you'll have medical complications that may require taking leave earlier than you originally intended.

Quitting Your Job After Maternity Leave

If you're conflicted about returning to work after having your baby, you may find yourself wondering if it's acceptable to quit your job after your maternity leave is up. While it's hard to predict how you'll feel about working until your baby is born, the decision to resign requires careful consideration.

Under certain circumstances, FMLA does require you to repay part of your insurance premiums or other benefits you've received while on maternity leave if you quit instead of retuning as originally planned. You can find out more about this aspect of maternity leave rights by visiting the Department of Labor Web site.

Your employer may also have clauses written into your contract regarding maternity leave benefits, especially if you work at a company that gives new mothers paid leave or other benefits beyond what is required by FMLA.

Additionally, if you work in a small industry, you may find it difficult to get another job later if word spreads that you quit after your maternity leave. Even though it's not technically illegal to quit after maternity leave, it's generally considered unprofessional conduct. Most career coaches advise women to be as honest as possible regarding their future plans.