Understanding maternity and pregnancy leave benefits even before your pregnancy begins will help you plan financially for the period of time you will be unable to work following the birth of your child. Before becoming pregnant, talk to your employer's human resources director of office manager about the benefits your employer provides to pregnant women. While your employer's benefits package may not change your family's decision to become pregnant, it is important to understand what the benefits are and what your rights under the law may be before talking the plunge. This is especially true if you are in a new job, since some rights to take leave are dependent on your duration with the employer.
Depending upon the employer's size and your work history with your employer, you may qualify for family and medical leave under the Family and Medical Leave Act of 1993 (FMLA). An employee is eligible for leave under the FMLA if the employer employs 50 or more employees within 75 miles of her worksite or if she works for a public agency. In addition, the employee must have worked for the employer for at least 12 months and must have worked 1,250 hours during those 12 months. The FMLA covers leave an eligible employee may take for the birth or care of a newborn child.
Even if an employee qualifies for maternity leave benefits under the FMLA, the protections of the FMLA will not continue to apply where the employee does not provide the necessary notices or certifications or where the employee has misrepresented the need for leave. Consequently, if you plan to use FMLA during your maternity leave you should contact your employer in advance of your maternity leave to ensure that you qualify and that you understand the requirements for maintaining your FMLA leave during your time off work.
A new mom that meets the eligibility requirements for FMLA can take up to 12 work weeks of FMLA leave for the birth and care of a newborn child. If some of that leave is used for other reasons, including a difficult pregnancy, it may be counted as part of the employee's 12-week leave entitlement.
During an FMLA leave, the law requires an employer to continue the employee's group health benefits. The employee continues to be responsible for her portion of the premium. Generally, FMLA leave is unpaid. However, the employee may elect (or the employer may require) the employee to use accrued paid leave like vacation or sick leave for some or all of the leave period.
In addition to FMLA, look into what benefits you may have under your state law. Even if you are not eligible for FMLA leave, it may be possible to obtain similar benefits under a state medical or pregnancy leave statute.
As noted above, complications that arise during pregnancy may also cause difficulty for a pregnant woman in the workplace. Something as simple as routine first trimester morning sickness can be difficult to deal with while managing multiple client accounts or giving a presentation. Learn how to cope with morning sickness at work by eating frequent high protein snacks, drinking plenty of water, and getting fresh air when needed. Ask your doctor for help in determining what accommodations you may need to stay healthy while at work, including elevating your feet, wearing compression stockings for vericose veins, or taking breaks from standing on your feet all day.
More serious complications may also arise during pregnancy as well, including complications that may require bed rest. If you are planning to become pregnant in the future, but not within the next 12 months or so, you may wish to consider short term disability as an option. Many employers offer the option of purchasing a short term disability policy, and some policies are even available to purchase individually. Just make sure to ask about whether they cover pregnancy.
Getting pregnant and having a child are exciting events, but they can also lead to financial hardship if you are not prepared. Know your options when it comes to coping with pregnancy in the workplace, and understand your rights before you even get pregnant. Before you sit down to talk to your employer about fitting your pregnancy into your career plans, know what your rights are and be armed and ready to present the facts.
Sources:
U.S. Department of Labor, Wage and Hour Division. Fact Sheet #28, The Family and Medical Leave Act of 1993.
Published by Annie Lynne
I am a professional woman living in the Oregon, Ohio area. I work in Toledo, Ohio and have an interest in educational issues. View profile
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