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Maternity Leave Rights

Need to know your maternity leave rights before you conceive is of great importance.

What are the maternity leave rights that come under the family medical leave act?

FMLA is a United States law that grants twelve weeks of unpaid work leave for pregnancy and childbirth. Along with the leave you get the protection of job security, financial benefits as well as retaining the same job position or one equivalent to the one previously held.

To get the benefits of the FMLA you need to know the state laws as many working women are not legally protected by this law. As a mother you need to know if you are protected by this law and to know if you are eligible for the maternity leave benefits then you need to take into consideration the aspects:

  • You need to be employed in the company for around a year at least.
  • You need to have put in at least a minimum of 1,250 hours of work during the past year before you commence on a maternity leave and finally.
  • Your company has at least 50 or more people employed within a working distance of 75 miles from the place of work.

If you have accumulated your sick leave as well as yearly vacation leave then your employer can make you utilize these leaves before sanctioning the FMLA leave. This is an extra advantage for you as you will be paid for the accumulated leave but can be disadvantage if you extend leave after the stipulated twelve weeks leave in case of unexpected illness of your newborn.

You also need to keep a track of your leave as in case you have exceeded the FMLA leave of twelve weeks then you may be in a position of losing out of your job as you will not be legally protected by the FMLA law.

Know your employment rights:

FMLA has granted maternity leave rights but then to get an additional advantage you need to know what maternity leave benefits your company has in offer for you as there are some companies who offer a paid leave of twenty six weeks.

To know your rights you need to meet up with your human resource department so that you will know your maternity rights. You need to announce your maternity leave as soon as possible as you may need to take leave in case of unwarranted complication due to pregnancy.

Need to quit your job after childbirth?

Guilt feeling of leaving the baby at day care center may make you feel like resigning from your job but then you need to consider the option of resigning your job carefully. In some cases the FMLA expects that you repay a part of the insurance or benefits you received during your maternity leave period if you have decided to resign to know about this you need to seek the help of the Department of Labor.

Even your company may have its own set of laws regarding maternity leave and job resignation so think twice before you decide to resign your job as leaving a job is very unprofessional which might end up in your not getting a new job at all.


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