Maternity Leave Laws: Federal & State

There are a variety of federal and state laws that protect you during your maternity leave. If you are pregnant, on maternity leave, experiencing complications keep these laws and regulations in mind.

Here is a summary of what you will find below on this page. Click the links to learn more.

Family Medical Leave Act (FMLA) - provides unpaid job protected leave of 12 weeks for the birth and care of the newborn child of the employee
Unemployment Insurance and Maternity Leave - holes in the FMLA may allow for benefits if you lose your job during maternity leave
State Family Leave Laws - several states mandate more generous family leave than the FMLA, while other state laws apply to more employees
State Paid Maternity Leave - five states mandate short term disability coverage which provides maternity leave pay

You will also find links to federal and state laws which apply during your pregnancy.

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. But remember: this is UNPAID time away from work.

Unemployment Insurance & Maternity Leave

Unemployment Insurance for maternity leave sounds like a fit. You won't be working during your maternity leave - right? You have been paying into your state's unemployment insurance program for years. You should get a benefit - right? If only it were so easy.

State Family Medical Leave Laws (FMLA)

Many states have separate family medical leave acts or regulations that compliment, and/or expand upon the federal law. If you are planning a pregnancy or maternity leave it is important to know how the rules work in your state.

State Disability Insurance

State Short Term Disability Insurance coverage varies based upon your state of employment. There is mandated coverage in five states: California, Hawaii, New Jersey, New York, and Rhode Island. But coverage is often inadequate.

Americans With Disabilities Act (ADA) for Pregnancy

A normal pregnancy is not considered a disability under the Americans with Disabilities Act (ADA). But if you experience pregnancy complications that substantially limit a major life activity, you may be considered disabled under the ADA, and your employer may need to make special accommodations.

Pregnancy Discrimination Act

The Pregnancy Discrimination Act (PDA) prohibits discrimination against employees and applicants on the basis of “pregnancy, childbirth and related medical conditions.” The pregnancy discrimination law requires employers to treat pregnant employees the same as other employees on the basis of their ability or inability to work.

Pregnant Without Insurance?

Are you pregnant and without health insurance. Pregnancy is a pre-existing condition for many plans. Women can get coverage during pregnancy, and find ways to keep costs low.

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Short Term Disability: Pregnancy, Maternity Leave · Infertility Health Insurance · Interest Free Infertility & IVF Financing