Maternity Leave & Employment Rights
Maternity or parental leave is most often associated with taking time off from work after the birth or adoption of a child. This time is meant to help balance the increased needs of taking care of a newborn or helping a newly adopted child adapt to his new family situation. In the United States, the rules and regulations surrounding the employment rights of an employee taking maternity leave are partially determined by the type of employment and size of the employer. Regulations for maternity leave may vary based on additional laws enacted by individual states.
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Employer Requirements
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Maternity leave is primarily governed by the Family and Medical Leave Act (FMLA). Put into effect in 1993, the law requires businesses that employ over 50 employees that work within a 75-mile radius to offer 12 weeks of unpaid leave for maternity purposes. The employee's job is protected during this time off, and health insurance and benefits must be maintained at the same level as if the employee was actively working. Once an employee returns from FMLA leave, the employer is obligated to restore the employee to her previous position or an identical job.
Requirements
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Employees are eligible for maternity leave if they have worked for a qualified employer for 12 months or longer, which included at least 1,250 hours, before starting their leave. The start of the maternity leave must begin and end within 12 months of the birth of the child or official placement for adoption additions. Spouses that work at the same company are eligible for only a combined 12-week period. Reduced schedules may also be counted toward FMLA time limits. Depending upon the employer's needs, employees opting for a reduced schedule due to maternity leave needs may be transferred temporarily to another position. Some companies may require documentation of the birth or adoption to grant FMLA leave.
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Compensation
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Maternity leave does not grant the user any financial concessions by law. The 12-week period is granted as unpaid leave. Employers may require employees to use any standard holiday or time-off payments accrued prior to the start of the maternity leave period. If the business does not require the distribution of time-off payments, employees opting for maternity leave can request the payments.
Benefits
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Health insurance coverage must be maintained during the FMLA leave period, but the employer can opt to have the employee pay the full cost of the coverage. Any employment benefits that are tied to job tenure must be maintained, although the accrual process may be suspended during the maternity leave period. Benefit tenure requirements must resume at the same level once the employee returns to work.
Refusal
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Employees that are classified as "key" employees may be denied their ability to return to their position after maternity leave. If restoring the job will cause serious economic detriment to an employer's operations, it may be able to prevent the employee from resuming his position. "Key" employees must be notified of their status in writing and given a reasonable period of time to return to their position without any job loss.
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References
- Photo Credit baby image by Diane Stamatelatos from Fotolia.com
