Maternity leave allows parents to recover from childbirth and care for their new baby. The Family Medical Leave Act (FMLA) entitles full-time employees of companies with 50+ employees to 12 weeks of maternity or family leave per year. Some companies offer paid maternity leave, but most people cover the financial loss with a combination of holiday and sick leave, short-term disability benefits, or unpaid leave. Longer paid maternity leave is advocated for its benefits to parents and children, but some argue it is financially prohibitive for companies.
Maternity leave is the time taken just before and/or after the birth of a baby to recover from the birth and care for the new baby. People can also take maternity leave if they are adopting a child. Often, in the United States, the term maternity leave is now being replaced with family leave, as both a mother and father may be entitled to time off under the Family Medical Leave Act (FMLA) of 1993.
Under the FMLA, a person who has worked for a company full-time for at least one year and works for an employer with 50 or more employees is entitled to 12 weeks of maternity or family leave per year. Generally leave must be requested 30 days before taking leave, although arrangements can be made in case of premature birth. In most cases it’s just easier to apply for leave sooner so you don’t have to worry about paperwork after a baby is born.
Maternity leave taken under the FMLA means that the person taking the leave cannot miss their job during the 12 weeks. Upon returning to work, the person can resume their current position without suffering a lower salary or demotion. Also, in some states, while on maternity leave some may be able to receive a portion of their salary paid for by short-term disability leave. This is a relatively new option and is only available in some states.
Most people cover the financial loss of maternity leave by taking a combination of holiday and sick leave, before taking on short-term disability benefits, which can be a far cry from normal pay. However, some pay is better than no pay and can help a person with a new baby until she can go back to work.
In some cases, a company may pay for maternity leave. Some companies offer six weeks of paid maternity leave as part of a work package. This isn’t exactly common, and more likely, since FMLA provides job security while on maternity leave, it’s not possible to offer such a package.
Some may take maternity leave as part of a gap year if they are teachers or in some other professions. This means they receive all or part of their pay for six months to a year. They may also continue to receive health benefits.
Most companies will also continue to pay for health benefits during family leave, but the employee still has to contribute his or her share. In rare cases, maternity leave or family leave may involve paying the full cost of health care benefits, in COBRA programs. This is relatively rare.
Some teachers are able to plan maternity leave as the last part of a teaching year. This allows the teacher to extend the time that can be spent with a new child. If maternity leave begins with the birth of the baby in March, for example, the mother might have until August or September when she starts the new school year before returning to work.
While many are happy to see that maternity leave now doesn’t result in job loss when covered under FMLA, some advocates believe that maternity leave doesn’t extend far enough within its scope. Most point to the rather poor results of sending children to daycare at an early age. Additionally, most members of the American Academy of Pediatricians believe that babies benefit the most from being breastfed for the first six months. 12 weeks of leave can mean a woman must pump or give up breastfeeding when she returns to work, although some states now allow mothers the right to pumping breaks and private facilities.
Some point to the revolutionary achievement in France of offering women 12 months of fully paid maternity leave upon the birth of a child. Proponents of longer paid leave suggest that it would help parents and children bond more effectively, encourage breastfeeding for a longer period of time, and help unload crowded daycare centers across the United States. Others argue that it is unfair and financially prohibitive to require companies to pay for such leave and leave jobs open for women who, by choice, have had children.
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