Growing Family Benefits
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Maternity Leave Laws
Federal and State Maternity Leave Regulations
Maternity leave laws help protect your job, your access to health insurance, and in some cases provide paid leave before your delivery, after birth, and to bond with your baby. There are a variety of federal and state regulations that may apply to your situation.
This page is designed to help you answer these key questions:
- How many weeks of job protected leave do I qualify for?
- Is my employer subject to these regulations?
- Can my employer cancel my health insurance while on leave?
- How do I replace my income during my leave?
Federal Maternity Leave Laws
Family Medical Leave Act 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.
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American with Disabilities Act 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.
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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.
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Unemployment Compensation and Maternity Many women ask about unemployment programs during the time they are not working during their family leave. In the U.S. paid leave is uncommon, so this is a logical question. For most women unemployment benefits are not the answer, but under certain circumstances you may receive some payments.
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State Maternity Leave Laws
State Family Leave Laws 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.
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