How to Understand Your Maternity Leave Rights

You have the right to 12 weeks of unpaid leave if your company meets certain criteria. Smaller companies develop their own policies.

Instructions

Difficulty: Moderately Easy

1. Understand that the Family and Medical Leave Act of 1993 guarantees a new mother up to 12 weeks of unpaid leave if the company has more than 50 employees for at least 20 weeks of the year. The employee seeking the leave has to have been with the company at least one year.
2. Know that you can also use some of this time during your pregnancy, since it qualifies as a serious medical condition and is covered by the act.
3. Realize that your employer must keep your job, or one that is equivalent (in duties, pay, etc.) open for your return.
4. Recognize that your employer must continue your health insurance without charge while you are gone. If you do not return to work, then you would have to reimburse your employer for the expense.
5. Give notice to your employer at least 30 days before you plan to take the time off. If an emergency develops, such as preterm labor, give notice as soon as you can.
6. Do understand that your employer can require you to use up your paid leave first.
7. Take your 12 weeks in any blocks of time you would like. You could decide to take 6 straight weeks and then every Tuesday and Thursday until you use up your weeks.
8. Look for a notice posted in your place of employment about your rights. This notice must be posted or your employer is subject to fines.
9. Talk to your employer if you work for a company with fewer than 50 employees. Find out what the maternity leave policy is. Most employers offer at least six weeks unpaid leave.

Tips & Warnings

• Understand that the baby's father can also take a paternity leave with the same conditions as your maternity leave.