Maternity Leave Laws and Policies

Maternity leave is the period when an employee takes leave for some time before and after the birth of a child. Every company, be it a public or a private one, is entitled to follow the maternity leave policies that come under the Family Medical Leave Act (FMLA). This act was passed by the US Department of Labor's Employment Standards Administration in 1993. This act defined leave policies for companies that have more than fifty employers like sick leave, vacation leave, maternity leave, etc. All companies have to abide by the rules of the FMLA, however there can be some changes according to the HR policies of a company. Laws on maternity leave entitle a pregnant woman to a minimum of 12 weeks leave. The FMLA sees to it that every employee receives this leave without the fear of losing her job. Thus it is necessary for every employee to have adequate information on maternity leave laws and policies.

Eligibility
According to the Maternity Leave Act, a pregnant woman or a person who is going to adopt a baby has to be given twelve weeks i.e. 3 months of maternity leave, without pay by the company she works in. However, to be eligible for this leave, the employee has to complete at least 12 months at the company and should have worked for 1,250 hours at that place. Though this remains the basic law on maternity leave for almost all states in America, the number of leaves that one can take would differ from state to state. For instance, in Tennessee, the maternity leave policy allows a woman to go on leave for 16 weeks for childbirth.

Anti-Discrimination
Every employer also comes under the Pregnancy Discrimination Act, which forbids them to discriminate between the employee who is pregnant and the others. Though almost all companies abide by this rule, there have been cases where people have lost their jobs or chances of promotion because they were pregnant. Employers should remember that such kind of discrimination is unlawful and can put them in legal trouble.

Benefits of Maternity Leave Policies
Though one may not get paid during maternity leave, the employer has to continue the health insurance payment of the employee. This ensures that the person is insured even when she cannot come to work. As during the maternity leave, the employee does not receive any pay from the company, many women opt for a combination of paid leaves which includes vacation pay, sick leave, maternity leave, short term disability, etc. However, companies in some states consider maternity leave in the short term disability category where the employee would be paid some percentage of the salary for the period when on leave, most probably for six weeks or 8 weeks if the delivery was complicated.

When to Apply for Maternity Leave?
The FMLA requires the employee to give a written application to the company, at least 30 days before taking leave. However, in the case of maternity leave, it would be better to discuss with the employer about the leave after the first three months of pregnancy or at the time one has applied for adoption. Some employers also require the employees to visit the company regularly during the leave period to report on their condition and their expected date of joining.

Though pregnancy discrimination still exists in many places, in recent times many employers have made flexible leaves and working conditions for employees who are expecting. However, to avoid the birth of a child from affecting one's career, it is very essential to know the maternity leave laws of the country as well as the company.