Maternity & Paternity Law
The Family and Medical Leave Act of 1993 entitles all employees to unpaid, job-protected maternity and paternity leave for up to 12 weeks to care for a newborn child or sick family member.
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Eligibility
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To qualify for FMLA maternity and paternity protection, employees must be employed by a company that has more than 50 employees, have worked for the employer for at least 12 months and have worked at least 1,250 hours for the employer in the preceding 12 months. Paid holidays and vacation time do not count toward the 1,250-hour requirement.
Paid Family Leave
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In 2002, California expanded its existing temporary disability insurance to cover maternity, paternity and family leave due to lost income incurred by people covered by the FMLA. Since then, several other states, including New Jersey, New York, Minnesota and New Mexico, have implemented some form of paid family leave.
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Definition
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While having and caring for babies is a big part of an employee's FMLA coverage, it is not the only life-changing situation covered. Other situations include adoption or placement of a foster care child in the employee's home, care for an immediate family member who is ill or if the employee is unable to work due to poor health.
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References
- Photo Credit baby image by Dron from Fotolia.com
