The Family Medical Leave Act allows working women to take up to 12 weeks of protected, unpaid leave in a year. One can take these leaves during pregnancy or after giving birth.

Who can apply for maternity leave under FMLA?

Any female federal employee, state worker, or working in a private company that follows FMLA can take maternity leave. However, she needs to complete at least 1,250 hours of work in the previous year to become eligible.

Are these leaves paid?

The leaves provided under FMLA offer job protection, but the applicant doesn’t get paid. Sometimes, employers give paid maternity leave voluntarily. In such a case, pregnancy leaves are funded partially by employers and employees.

Can small companies (with less than 50 employees) grant maternity leave?

Yes. If a woman works in a state that has a maternity leave policy of its own that requires small organizations to grant maternity leave, she can apply for the same.

Can pregnancy be considered a short-term disability?

Yes. In a few states, pregnancy is considered a temporary disability. As a result, pregnant women are eligible for relevant benefits for that duration. The benefits offered as a part of this policy can vary from one state to another.

Oct-2024

What is the maternity leave policy: benefits and how to apply

When women are doing exceptionally well in every field, motherhood should not be an obstacle in their career path. Maternity leave plays a crucial role in empowering the female workforce while promoting gender equality in a true sense.

Shreya Sharma

Shreya bridges technology and talent acquisition, delivering engaging insights on recruitment strategies and HR systems.

Becoming a mother is one of the most profound events in a woman’s life. But like any other phase of life, motherhood presents a specific set of challenges.

Although these challenges remain the same for every female, things are a little more difficult for those with a full-time job. With the added stress of work obligations, it gets difficult to recover physically and bond with the newborn.

Maternity leave is a concept that has been introduced to ease this transition for working women. Employers must understand that it is not a holiday for new mothers – it is a necessity for their well-being!

Read on to know the meaning of maternity leave, its benefits, the application procedure, and a lot more.

Contents

What is maternity leave?

Maternity leave is a type of leave granted to a mother before/after the birth of her child. It allows new mothers to take time off, prepare themselves for childbirth, and focus on physical recovery. Pregnancy leave gives them ample time to take care of their newborn.

A woman can apply for maternity leave at any point in her pregnancy. Once it’s over, she can join the same position or any other equivalent role. Originally, the concept was introduced to ensure working women can welcome this new change in their lives without losing their jobs.

Also read: Drafting a maternity leave policy: 5 things you should know

Benefits of maternity leave

Faster recovery

Maternity leave gives new mothers sufficient time to recover from childbirth, physically and emotionally. 1 in 10 women suffer from postpartum depression in the United States. Pregnancy leave allows them to adjust to motherhood, reducing the risk of postpartum depression and anxiety.

Job security

Pregnancy leave policies are designed to allow working women to continue their employment while managing things on a personal level. This way, they don’t need to leave their job to deal with issues that arise after childbirth and to take care of their newborn baby.

Family bonding

A female needs some time after childbirth to establish a connection with the newborn baby. A maternity leave policy provides an extended time off that one can utilize to adjust to this new change in life. Being able to spend time with their newborns, mothers can easily develop a bond and attachment with them.

Also read: Supporting working mothers: it’s now time for a new narrative

Maternity leave policy in the U.S.

In the United States, there is no national parental leave policy. The Family Medical Leave Act (FMLA) grants up to 12 weeks of protected, unpaid leave at the federal level. Although this is not a formal maternity leave policy, FMLA allows new mothers (eligible ones) to take 12 weeks of unpaid leave per year.

One can take this leave in various circumstances, such as childbirth or caring for a newborn. Other than this, a working female can use this leave during her pregnancy as well. For the entire leave duration, the job remains secure, and she can join back in the same or an equivalent position.

An employee is eligible for this leave only if her organization has 50 or more employees and she has completed at least 1,250 work hours in the previous year.

There are a few states that have a maternity leave policy as paid family leave and disability insurance.

California

Paid family leave (PFL): Up to 8 weeks of paid leave.
State disability insurance (SDI): Up to 4 weeks before birth and 6-8 weeks after birth (depending on the type of delivery).

New Jersey

Family leave insurance (FLI): Up to 12 weeks of paid leave.
Temporary disability insurance (TDI): Up to 4 weeks before birth and 6-8 weeks after birth.

Rhode Island

Temporary caregiver insurance (TCI): Up to 6 weeks of paid leave.
Temporary disability insurance (TDI): Up to 4 weeks before birth and 6-8 weeks after birth.

New York

Paid family leave (PFL): Up to 12 weeks of paid leave.

Washington

Paid family and medical leave (PFML): Up to 12 weeks of paid leave for bonding, with the possibility of up to 16 weeks if combined with other medical leave.

Massachusetts

Paid family and medical leave (PFML): Up to 12 weeks of paid leave for bonding, with up to 20 weeks for one’s own serious health condition, including pregnancy complications.

Connecticut

Paid family and medical leave (PFML): Up to 12 weeks of paid leave.

Oregon

Paid family and medical leave (PFML): Up to 12 weeks of paid leave, with an additional 2 weeks for pregnancy complications.

Colorado

Paid family and medical leave (PFML): Up to 12 weeks of paid leave (starting in 2024).

Maryland

Paid family and medical leave (PFML): Up to 12 weeks of paid leave (starting in 2025).

Delaware

Paid family and medical leave (PFML): Up to 12 weeks of paid leave (starting in 2026).

Washington, D.C.

Paid family leave: Up to 12 weeks of paid leave.

In a few states, FMLA entitlement is extended to smaller companies as well, while at some other places, all these leaves are fully paid.

However, the maternity leave policy can vary from one state to another in terms of inclusions, eligibility, leave duration, etc. It is also suggested that you download the Family and Medical Leave Act Employee Guide to get further details.

How to apply for maternity leave?

If a female employee wants to take maternity leave, the first thing to do is contact HR. It will help choose the available options and other details about the maternity leave policy.

The process should be initiated in the early stages of pregnancy, helping the employer find a substitute who can fill in for that employee for the duration.

Note: The Pregnancy Discrimination Act of 1978 prohibits organizations in the U.S. from sex discrimination based on pregnancy, which includes, but is not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes

Maternity leave has a deeper meaning in parental rights aimed at supporting working females during a crucial phase of their lives. This not only helps women with their career progression but also promotes gender equality on the work front.

With adequate information about their organization’s maternity leave policy, women can enjoy this phase without worrying about their jobs. HR looking for a sample maternity leave policy should ensure employee benefits are prioritized, keeping their morale always high!

Frequently asked questions

What is FMLA?: The Family Medical Leave Act allows working women to take up to 12 weeks of protected, unpaid leave in a year. One can take these leaves during pregnancy or after giving birth.

Who can apply for maternity leave under FMLA?: Any female federal employee, state worker, or working in a private company that follows FMLA can take maternity leave. However, she needs to complete at least 1,250 hours of work in the previous year to become eligible.

Are these leaves paid?: The leaves provided under FMLA offer job protection, but the applicant doesn’t get paid. Sometimes, employers give paid maternity leave voluntarily. In such a case, pregnancy leaves are funded partially by employers and employees.

Can small companies (with less than 50 employees) grant maternity leave?: Yes. If a woman works in a state that has a maternity leave policy of its own that requires small organizations to grant maternity leave, she can apply for the same.

Can pregnancy be considered a short-term disability?: Yes. In a few states, pregnancy is considered a temporary disability. As a result, pregnant women are eligible for relevant benefits for that duration. The benefits offered as a part of this policy can vary from one state to another.

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