Family Maternity Leave Act
The federal Family and Medical Leave Act (FMLA) of 1993 requires employers to grant up to 12 work weeks of unpaid leave during a 12-month period for the care of the employee's newborn baby. This is commonly referred to as "maternity leave." Medical leave is also granted for the care of an adopted or foster child, the care of an immediate family member who is seriously ill, or if the employee has a serious health condition and is unable to work.
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Eligibility and Use
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In order to be eligible for FMLA leave, employees must have worked for the employer for at least one year, a minimum of 1,250 hours over the previous 12 months, and the employer must have at least 50 employees within 75 miles. Employees need not take all 12 weeks of leave at one time. The law allows employees to spread out the leave over a 12 month period on an intermittent basis or a reduced work schedule.
Benefits
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During the leave period, employees continue to receive health benefits as part of any group health plan, as if they were working. Using FMLA leave cannot be cause to lose any benefits that had accrued prior to the leave. Upon returning from leave, employees must be given an equivalent position with equivalent pay and benefits as they had before they left.
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Military Benefits
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In 2008 and 2010, FMLA was updated to include additional benefits for military personnel. In addition to the reasons mentioned above, members of the military may use FMLA leave for other qualifying circumstances, such as arranging for childcare, attending certain military events, counseling, and other reasons. Furthermore, eligible employees may take up to 26 weeks of leave to care for an active member of the Armed Forces who was seriously injured in the line of duty.
Notification
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Employees intending to take FMLA leave must notify their employers at least 30 days in advance, if possible, such as when used as maternity leave to care for the employee's newborn baby. It is the employee's responsibility to provide enough information for the employer to determine whether or not the leave is eligible under FMLA. Employees may need to present documentation from a doctor stating that the leave is medically necessary.
Enforcement
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It is against the law for employers to discriminate against employees who wish to exercise their right to FMLA leave as well as to interfere with or limit the employee's rights under the law. These are grounds for an employee to file a complaint with the U.S. Department of Labor or a private law suit against the employer. The rights provided by FMLA do not supersede any state law or union contract that provide greater benefits than FMLA.
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References
- Photo Credit newborn image by jodi mcgee from Fotolia.com
