FMLA for Pregnancy & Maternity Leave

The Federal Family Medical Leave Act of 1993 (FMLA) provides important unpaid job protection for working women experiencing pregnancy complications, premature birth of an infant, or who want to bond with their baby.

Women can purchase short term disability insurance for maternity leave to replace a portion of income during a pregnancy and/or maternity leave.   Five states have mandatory coverage. What you will find on this page:

• Who is covered?
• Pregnancy complications
• Bonding with baby
• Affording your FMLA leave
  
  

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee
• for placement with the employee of a son or daughter for adoption or foster care
• to care for an immediate family member (spouse, child, or parent) with a serious health condition

To qualify for FMLA leave, an employee must have worked for the same employer for at least 12 months (not necessarily continuously) and clocked at least 1,250 hours of service (slightly more than 24 hours per week) during the 12 months leading up to FMLA leave.  Any organization with 50 or more employees working within a 75-mile radius of the work site must comply with the FMLA.

FMLA also allows you to take up to 12 weeks of job protected leave during any 12 month period to address your own serious medical condition.  If you need to leave work early due to pregnancy complications, this time will count towards your total of 12 weeks. The Family Medical Leave Act stipulates the following:

• To take medical leave when the employee is unable to work because of a serious health condition
• When an employee becomes pregnant, her employer must also consider her right to take FMLA leave
  

Several states have companion laws that may extend the total amount of leave.  If you work in one of these states you may have extra rights.

FMLA provides important job protection in case you encounter pregnancy complications, or your infant is born premature and requires extended care at home. But it's all unpaid time away from the job.

You can create your own FMLA paid leave by purchasing supplemental maternity leave insurance before getting pregnant. It will provide paid FMLA leave if you miss work prior to your delivery, and additional paid leave if your child is born premature, or if postpartum disorders require you to extend your maternity leave. 

Five states have mandated paid leave policies in the form of short term disability, which provides income replacement in case of your own disability.

12% of babies are born premature.  Parents often face a dilemma when this occurs: how much time can I take off and still have my job upon return?  Just keep in mind the 12 week rule.  Include any time you needed to take prior to delivery for any complications. 

Add all of this time off, and ask if you can afford all this missed income.  If you are at the planning stages in your pregnancy the next section will be of great importance to you.

Keep in mind that various state have leave laws to pertain to the care of a family member.  FMLA provides leave for your own disability.  These two laws can be combined and work sequently if needed to extend your job protected leave.