Maternity Leave

Overview

Maternity leave refers to the amount of time that an employee can take off work during pregnancy. At one time, employees who took maternity leave stood the risk of being fired or replaced during that period, but the United States Department of Labor Family and Medical Leave Act (FLMA) set guidelines that allowed women to give birth and stay at home for a set amount of time and ensure that their jobs would be safe.The government does not require that the company pay the employee during this leave. However, some companies step up and pay for family and medical leave.

How it Works

The FMLA allows unpaid family-related and medical leaves, but there is no distinction within the law to require the specification of "maternity leave." Companies usually ask employees to submit proper medical records before they grant maternity leave.

Benefits

The FMLA states that companies must grant eligible employees a minimum of 12 weeks of leave per year due to medical or family-related reasons. An employee qualifies for maternity leave if she has worked for the company for a minimum of 1,250 hours or more, or has been employed for at least a year. The minimum number of employees required for the company to fall under the jurisdiction of FMLA is 50 or more.
While maternity leave is generally for the mother, the FMLA also allows the father to take this unpaid leave during the first year of a child's life to take care of the child. The father can take unpaid leave take care of an adopted child or foster child during the first year of placement. Sometimes, mothers or fathers can take the unpaid leave to take care of a seriously ill child of any age as well.
Each state has its own labor laws regarding maternity and family leave. However, if these are not as beneficial to the employee as the federal laws, then only federal laws would be followed.

Costs

Maternity leave is usually unpaid, unless the company wants to pay for such leave. So, the financial burden on the parents is obvious. Some companies provide 100 percent paid leave, whereas some may provide 50 percent. The length of the leave paid can range from three months to almost up to a year. Sometimes the costs are subsidized through employee payment programs or through federal government monies.

Timing

The time of maternity leave varies from company to company. It is generally based on the length of service of the mother and the doctor's advice. Working mothers can apply for leave, probably starting at the 27^th week of pregnancy.