April 23, 2021

How To Take Maternity Leave From Your Job

Maternity leave is a legal guarantee for all women who are employed in businesses that qualify under the Family and Medical Leave Act 1993, otherwise known as the FMLA. It is important to note that not every company is required to grant time off under this act, it would be useful to familiarize yourself with a deeper understating of the regulations so that you can be certain that you will not suffer any discrimination or loss of secure employment.

Maternity Leave

The Family and Medical Leave Act was passed into law by Congress in the early nineties to ensure that the occupations of new mothers were protected. Also it covers leave for sickness to an individual or a close family member.

It is stated in the FMLA that all employees who fall under the remit of this law are obliged to agree to the granting of twelve weeks unpaid leave during any twelve month period if the applicant is submitting a request due to the “birth and care of a newborn child”. By enacting this law you can have peace of mind that after the allotted time is over you will be able to return to work and take up your previous position and salary.

The FMLA is a federal law so it applies in each of the states though there may also be other maternity leave regulations in place in your location. Make sure you research into the other rules that govern maternity leave in your state so that you can be provided the maximum amount of assistance and benefit.

It is worth noting that not every business in the country is obliged to abide by the guidelines set out in the Family and Medical Leave Act. It is stated in the regulations that only those companies that have more than fifty employees on their books and who have worked a minimum of twenty weeks a year are required to grant leave under the FMLA.

There is a clause for public sector workers whereby there is no minimum or maximum limit on the size of the workforce for the act to come into force. Unfortunately if you work for a small family run business that has less than fifty employees they do not have to grant you FMLA maternity leave.

There is another clause in the act which suggests that if you have not been employed by the employer for the last twelve months you are not eligible for leave under the current rules. Such clauses are there to stop abuse of the system rather than make it difficult for employees.

It must be noted that there is no obligation for the employer to make payments to new mothers during their leave, this would only occur if they have built up paid vacation time that they would like to cash in after the birth of a child. If you require more time than twelve weeks leave this would have to be negotiated with the employer personally as no such obligation is set out under the FMLA.
Additional resource links: http://www.unh.edu/


  1. Tandy says:


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