Taking Off From work

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It is quite common in the United States for pregnant women and mothers to work a traditional job. While working while pregnant is generally safe there are some mothers that have high-risk pregnancies and those who work in high-risk occupations and environments. The main issues we cover here for pregnant women are job-protected leave, continued employment, wage replacement, and discrimination during the hiring process. The latter is a form of workplace discrimination which is prohibited by state and federal law.

The most reliable way to guarantee job protection, benefits and pay is for a pregnant woman to be allowed to keep working. Obstetric care providers can provide the information and resources that pregnant women and their partners need to better understand their rights. Legal assistance may be needed in the event that medical leave is necessary, or if job discrimination has occurred. The aim of this article is to provide you with the information necessary to know your rights as a pregnant working woman or a new mother.

When do People Normally take Maternity Leave?

This for the most part is a personal decision. Most people tend to take their maternity leave approximately two weeks prior to their due date. If you are physically comfortable enough to perform your job activities and have no risk of complications you could take your leave a week prior to the due date. This will give you some time to rest and prepare yourself for the rigors of childbirth and having a new baby. If you want to save as much time as possible to spend with your baby after birth you can opt to wait up until your due date to take your leave. Bear in mind that your company’s policies may dictate how late you can apply for and take this leave. So it is always best to check in advance to see what can be afforded to you.

What Should you Know About Paid Maternity Leave by State?

There is no federal law in the United States that guarantees paid maternity leave. The law allows you to get leave if needed but this does not apply to all employees and is unpaid.

The most common choice for women is the Family and Medical Leave Act AKA FMLA. This provides job protection for up to 12 weeks postpartum or post-adoption. This law does not guarantee you will be paid during that time. It does however ensure that you will have a job to go back to when you are finished with your maternity leave, granted you only take the 12 weeks.

You are eligible for FMLA if you have been employed with your current employer for at least a year and they currently employ over 50 employees that reside within 75 miles of the workplace address. If your spouse also works at your place of employment the 12 weeks off can be split between both parties.

Some states have individual laws that extend leave that employers MUST grant. These states include New York, California, New Jersey, and Rhode Island. They also offer the ability to take leave and be partially paid, so you really want to check what you are eligible for if you live in any of these states.

How does Maternity Leave Work if it’s Unpaid?

While federal laws do not stipulate paid maternity leave, some companies have it as their standard policy to pay their employees while on maternity leave. You will find that some women also use their sick time and their vacation time as either a part of or for all of their maternity leave. This ensures that they are paid for at least some of the time off they take for their new baby.

Can you Use Short-Term Disability Insurance for Maternity Leave?

Short term disability insurance can provide anywhere between 50% and 100% of your salary. This will be for a set number of weeks after the baby’s birth. If you are thinking about getting pregnant and you are not currently on short term disability insurance plan, you may want to go ahead and get into that now. You can do it through your workplace or you can do it on your own.

How Long is the Average Maternity Leave?

FMLA lasts up to 12 weeks and as such most women return to work after the initial 12 weeks. You may or may not be able to add your sick time or vacation time after this leave depending on the policy of your employer. Employers tend to want you to use your sick days or vacation days as a part of those 12 weeks and will not allow you to add it on afterward.

Some employers may allow you to take more time through specific policies they create themselves. Even if they do not you may be able to negotiate with HR if you have been with the company for a long time or have the capability to work from home even part-time.

What Should you Know about Going back to Work after Maternity Leave?

When you get back to work you may find things a little different. A lot can transpire in twelve weeks so you may find new progress of projects, projects that have been completed, new people and so much more. As such it is easy for you to be thrown off for a little while and you will need time to get caught up. If you can, opt to go back in on a Wednesday or a Thursday so you don’t have to be overwhelmed right away with a full 40-hour workweek.

Pregnancy Discrimination

You have the right to be treated fairly while pregnant. Your rights are protected by the Pregnancy Discrimination Act. This federal law guarantees employees time off if they are temporarily disabled due to pregnancy or other temporary disabilities.

States such as California and a couple of others allow employees the ability to take time off when they cannot work due to their pregnancy or after childbirth. California, New Jersey, Hawaii, Rhode Island, and New York have insurance programs in place that pays employees a portion of their regular salary if they are temporarily unable to work due to pregnancy or childbirth. A couple of these states even extend this leave to parenting reasons as well.

Conclusion

You are entitled to maternity leave, once you have been working with your employer for more than a year. This may or may not be paid time off depending on your employer as well as the state in which you live. It is important to know all of your basic rights if you are a working woman who is considering getting pregnant or are currently pregnant. You will need the time to take care of your newborn and also to recuperate from the process of childbirth. This is a brand new experience and having a baby changes your life, it changes your routines, and sometimes you need some time to really just adjust. Maternity leave is of the utmost importance for you as well as the health of your baby, you should ensure that you can get as much as this benefit as possible. So weigh your options so you know how to approach the end of your pregnancy and the beginning of life with a newborn baby.