The Standard Maternity Leave Policy

Employers may create their own policy on maternity leave as long as it does not conflict with federal or state law. Federal law does not require employers to provide paid time off for maternity leave, but it does require some employers to provide unpaid maternity leave. A few states, including California, do require an employer to provide paid maternity leave.

Federal Law

Under the Family and Medical Leave Act (FMLA), an employer with 50 or more employees within a 75-mile radius must provide a worker with up to 12 weeks of unpaid leave to care for a new child during the first year. This applies to newborns, adopted children and children placed in the home through the foster care system.

Coverage

An employee can take leave under the FMLA if she has worked in the same workplace for at least a year and worked at least 1,250 hours in the previous year. Parental leave applies to both male and female employees. An expectant mother may take leave before giving birth if it is medically necessary.

Employer Policies

Even if an employer’s policy does not provide maternity leave, the employer may be required by law to offer maternity leave. If a company grants other types of paid leave—such as medical or personal leave—the employer may have to provide paid leave for pregnant women and new parents.

References

• Nolo: Providing Pregnancy and Parental Leave