Maternity Leave Laws

By The Twirlit Team on November 25th, 2008

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Maternity leave laws are generally set at the state level, so there is a lot of variation from one state to another. Some states regulate maternity leave only for employees of the government, while others regulate maternity leave for private companies as well. Some employers may offer benefits beyond what the law requires. This is more than just generosity on their part—in some cases, they do this because they operate in many states, and find it sensible to maintain consistent benefits packages company-wide. In other cases, they offer better benefits packages in order to attract and retain high-quality employees. For this reason, any conversation about maternity leave should start with your company’s human resources department before you investigate the applicable state and federal laws.

As far as the laws are concerned, the one law that almost certainly applies is the Family and Medical Leave Act (FMLA). This sets a national minimum standard for maternity leave, and applies to government agencies at the federal, state and local level as well as companies of fifty or more employees. The FMLA stipulates that employers must provide up to 12 weeks off without pay per twelve-month period for the birth and care of a new baby, the placement of, and care for, a just-adopted child, and a few other family or medical circumstances. The FMLA does not require employers to pay employees while they are on leave, and companies are allowed to require you to use part of your sick leave and/or vacation time toward your days off. If you have the misfortune of complications during pregnancy, the time you need to take off for this may count toward your twelve weeks’ leave.

In order to be eligible for leave under the FMLA, you must have worked at your place of employment for at least twelve months total prior to asking for leave, and must average working at least twenty four hours of work a week during that period. Also, you must give your employers 30 days’ notice before taking FMLA leave, although the FMLA allows for circumstances where that is not practical, such as babies born prematurely.

Generally, your employer is expected by law to give you your job back after the leave. There are, however, some exceptions, such as (not surprisingly) when you tell your employer you’re not coming back. Other circumstances where you may not get your job back include if your company lays off people and you would have been laid off anyway, or if you’re highly compensated and crucial to the company, and the company would have lost substantial earnings as a result of your leave of absence without replacing you with someone.

In addition to the FMLA, there may be applicable state laws. Every state has different laws and regulations about maternity leave, so you will be well served by contacting your state’s labor office. If you are planning on having a baby, it is worth taking the time to find out in advance what maternity leave you qualify for.