Maternity Leave Laws

What is FMLA?

FMLA or Family and Medical Leave Act has its own rules and regulations. The law is applicable to all government employees and companies having more than fifty employees working under them. Further FMLA provides twelve weeks of unpaid leave every year for the care of the new born, care for the newly adopted baby and for unwarranted medical illness.

Though FMLA does not pay employees who have taken leave for the purpose of maternity related problems it does grant both the parents a combined leave of twelve weeks if they are working in the same company and twelve weeks of individual leave in case they are employed in different companies.

Pregnancy related complications:

Incase of complications due to pregnancy you can request for the twelve week leave period and this twelve week leave period can also be a part of leave taken in case of tending to a sick person at home.

Eligibility criteria for leave:

Employees who have worked with the company for a year or more having put in at least 1,250 hours of work during the past year are eligible for FMLA leave. You need to put in a leave application one month prior to the due date and you also need to seek advice from the labor department in order to assist you in getting the leave sanctioned.

Getting back to work:

Under the FMLA your cannot be fired from your job when you seek maternity leave but then under certain circumstances this is possible like when you put in a word that you will not resume work after childbirth or your leave may bring a financial loss to the company or having used your twelve week unpaid leave grant etc then you can get fired from the job.

Know your rights:

The Department of Labor has set out laws both for the benefit of the employer as well as the employee and knowing them will help you in the long process.

Qualified yet denied leave then?

Even though your company comes under the FMLA and your employer denies leave then you can always file a case for violating the FMLA laws and you need to prove it within a time period of two years further you need to file a complaint against your employer, this can be done with the Secretary of Labor or at the office of Wage and Hour Division of the Employment Standards Administration who will help you get the leave granted. Further filing a lawsuit against your employer is also granted and your employer is liable to pay for all the legal costs in case you win the case.

State Laws:

Every state has its own set of maternity leave laws and you need to know your rights before you put in a maternity leave application, there are websites which enlighten you about your rights and you can also contact the Department of Labor to seek more information and even if your company does not come under the FMLA you still might be eligible for the state maternity leave law.