What are Your Rights as a Mother Taking Maternity Leave?

There’s a good chance you have heard the term before; however, do you really know the specifics of maternity leave? If you have never had a child yourself, you may not be too aware of what it entails or what your rights are.

Maternity leave is the amount of time you, as a mother, receive to stay home with a child you are about to have or have just had. Even though maternity leave is the most common term used to describe this, there are other ways this is described, including family medical leave, family leave, and pregnancy leave.

Your Maternity Leave Rights

Keep reading to learn more about maternity leave and what your rights are.

Maternity Leave and Employment

You may be employed by a company that doesn’t provide an official maternity leave option. Even if this is offered, you may not be paid for the time you are away. If you do receive pay, it may not be your full pay. There are some companies that offer their workers partially paid leave or a program that’s actually short-term disability or sick leave. If you aren’t sure about what maternity leave coverage is available to you, it’s a good idea to ask; especially if you are about to have a child.

How Long Will You Have for Maternity Leave?

There’s no standard amount of time for maternity leave in the U.S. A recent study from the Society for Human Resource Management discovered that up to 60 percent of employers provide mothers with 12 weeks of leave time and that 33 percent give over 12 weeks. It’s important to note, these numbers include unpaid leave. The same study showed that just 58 percent of companies provided some type of wage or salary during maternity leave.

What are Your Maternity Leave Rights?

There is no guarantee in the U.S. that you will receive pay while on maternity leave. However, there is a federal parental leave law, called the Family and Medical Leave Act (FMLA) that provides job protection for a period of up to 12 weeks after you have adopted a child or given birth. This means you can return to your position after this period of time, with no penalty to your position or the amount of pay you receive.

It’s important to note that FMLA provides no guarantees that you will receive paid leave, and it does not apply to every situation or person. FMLA applies to anyone who works at a company that has over 50 employees within a span of 75 miles of your work and if you have worked at the company for a minimum of 1,250 hours in the prior year. If your spouse works at the same company as you do, and they also try to qualify to have leave based on FMLA regulations, then things can become more complex.

Know Your Rights to Protect Them

Even though the specifics of your maternity leave options will vary based on your state, there are laws in place that are designed to protect your salary. This is done by requiring an employer to take out a short-term disability insurance policy that covers your wages while you are away. Some companies with the best maternity leave will offer full pay for the duration of your leave, but other companies may try to offer less, so don’t assume that you’ll automatically receive full wages during your time off.

When you understand what rights you have, you can ensure you get the leave time you are entitled to after having or adopting a child.

Comments

  1. Jo-Ann Brightman says

    This is important information to use and have for all women who want to go on maternity leave.

  2. This was very informative and I will share it with my friends thank you for sharing this one. It is always so important to know your rights and to education yourself.