What are your rights in pregnancy and after the birth?
Expecting mothers – and dads — have to navigate confusing family leave rules that vary from state to state, and employer to employer, to find out where they stand regarding parental rights and time off.
Can I take time off?
Yes – but there are conditions! On the federal level, the closest thing to a formal maternity leave policy in the United States is the 1993 Family and Medical Leave Act (FMLA). Under this federal mandate, employees in larger companies (50 employees or more) must provide up to 12 weeks of leave for an employee who has a child – this includes the father – or adopts. However, the act only guarantees unpaid leave.
Am I eligible to take FMLA leave?
You are among the 60% of US workers who are eligible if you meet both of the following conditions:
You have worked for your employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months; you work at a location where at least 50 employees are employed within 75 miles. All government employees qualify for FMLA leave.
Will my employer help?
Know the policy: Rules can vary by employer, so ask if yours offers paid maternity leave. Although many plans offer six weeks paid leave (mandatory in California with variations in other states), some extend the period for mothers who experience medical complications or have a caesarean section. In some states, the beneficiary will have to file paperwork with their employer, and the state’s short-term disability office. In some cases the father is eligible.
Are the rules the same everywhere?
No – California and some other states have relatively generous policies where the employer is required by state law to offer paid medical leave for portions of your pregnancy, birth and recovery time. Check the laws in your state, as changes in legislation are being considered across the country.
Rachel Scripps lives in Reno, Nev., so her Nevada employer is not required to provide paid maternity leave, but it does. “They were extremely generous,” she said. “I work part-time, so I was nervous about how I would handle maternity leave. Luckily, they offered paid leave, and my job was waiting for me when I came back.”
Can I use sick leave and vacation?
If you have access to paid leave, or the option of short-term disability, and you want to extend your leave, talk to your employer. Your company may allow you to use your accrued vacation time, or even paid sick leave, on the back end of maternity leave.
Is there anything else that would cover me for time off?
The most popular alternative option is short-term disability.
By design, short-term disability covers part or all of your salary in the case of an injury, illness or childbirth, during the period that you are unable to work.
For most workers in the US, an employer automatically enrolls the employee in a short-term disability plan. In some cases, the employee must accrue a minimum number of work hours before they are eligible.
Be careful with disability. In most cases it will only pay a portion of your salary, and there are limitations on how many days you can take in a calendar year. Also, if you are at the high end of the wage scale, or your job is critical to the operation of the company, they can deny your request for short-term disability – or replace your position while you’re gone.
When you’ve exhausted paid or FMLA leave, vacation and sick days, there may be further options to extend your unpaid leave. For example, California allows four months unpaid maternity leave for larger companies, and in some areas unpaid leave can be extended with a doctor’s certification.
Is there anything I can do to make it financially easier?
For the self-employed, employees of small companies and other part-time employees, there are private plans available from some insurers. Look into buying a policy that will cover you, especially when unexpected emergencies come up. Self-insurance can also provide a tax benefit – income from many standard employer programs is taxable.
Save, save, save: You want to have enough money to cover your period of leave, plus a safety cushion. It can be a frustrating experience to fall short of funds and be forced to go back to work before you, or your baby, are ready.
Can they fire me for being pregnant?
No. The Pregnancy Discrimination Act of 1978 prohibits an employer from denying a job because of pregnancy, or firing an employee for getting pregnant.
What can I do if I think my rights are being violated?
Document workplace discrimination. If it cannot be resolved through company channels, contact the U.S. Equal Opportunity Employment Commission at the local office, or by calling 
1-800-669-4000
.