Maternity leave is the time you take off of work to heal from your labor and delivery, and the time you take to care for your newborn, whether you are the natural mother or whether you adopted a baby. There are two types of maternity leave:
- A maternal disability, or medical leave, is the time that a woman takes off for a vaginal delivery (usually six weeks) or cesarean section (usually eight weeks).
- Family leave is the time spent caring for the baby and is available to the father and adoptive parents. The Family and Medical Leave Act (FMLA) grants everyone equal time of 12 weeks.
Are You Qualified for Maternity Leave?
You may think that after you give birth your company is required to provide you with paid maternity leave for several weeks while you stay at home and adjust to life with your new baby. Unfortunately, a good amount of companies do not offer paid maternity leave, and they are not required to.
Many women also do not qualify for paid maternity leave – depending on the length of employment and the size of their company. In order to qualify for FMLA leave, you must work for the federal or state governement or have been at your current job for at least 12 months and 1,250 hours (about 25 hours a week for 50 weeks). You also must have been employed by a company with a minimum of 50 employees within a 75 mile radius. If this criteria is met, your employer must offer you the twelve weeks unpaid, continue your health insurance, and provide you with the same position (or a position of an equivalent level) when you return.
What if my Company Does Not Offer Maternity Leave?
Most likely, you’ll be able to use a combination of short-term disability, sick time accumulated, vacation time accumulated, personal days, and unpaid family leave during your maternity leave.
If your company does not offer paid or unpaid maternity or family leave, you may have a couple of other options available. According to the Pregnancy Discrimination Act of 1978, if your company has more than 14 employees and held an employee’s job during a different type of medical disability, they must offer you the same position after your leave.
If you live in New York, New Jersey, California, Rhode Island, or Hawaii, you may be eligible for their state-run temporary disability plans. This will cover you during the time you are medically not able to work.
When Should I Begin Researching my Maternity Leave Choices?Experts suggest beginning a dialogue with your employer shortly after the first trimester. You don’t want to wait until you are visibly pregnant, but many complications can arise during the first trimester and the miscarriage rate is highest during that time. Federal guidelines require that you give a minimum of 30 days between requesting leave and taking it, but you’ll want to give your employer more time. When you have the conversation, try to make it positive and discuss your plans for returning after the birth (if you plan to return to work). You can try to negotiate maternity leave and work out a plan that works for the both of you.
How do I Find out More About My State’s Laws?Many states offer additional benefits to the federal FMLA laws. To find out more you can contact your state’s Labor Office.