Most jurisdictions have laws protecting women’s jobs during maternity leave, with compulsory maternity leave and statutory maternity pay. Employers must maintain employment entitlements and paid leave, and pay a percentage of the woman’s salary during leave. Some jurisdictions provide short-term disability benefits for maternity leave.
A woman’s right to have a child without having to worry about whether or not her employer would replace her once was not recognized. Now, most jurisdictions have enacted laws protecting the work of women who have to temporarily leave work to give birth to a child. Central to most of these laws is the concept of compulsory maternity leave. Statutory maternity pay is the payment of a portion of a woman’s pay while she takes reasonable time to bear the child and recover. In some jurisdictions statutory maternity benefits are provided through government-provided short-term disability benefits.
Statutory maternity pay laws generally provide that a woman has the right to leave work for a reasonable amount of time to give birth and recover without being replaced. Usually, the employer is required to keep all of her employment entitlements such as health care and pension contributions while on maternity leave. You must also be entitled to any paid leave that you would otherwise be entitled to. This right arises every time you have a child, i.e. your employer cannot limit the number of times you can take maternity leave.
The calculation of statutory maternity pay varies from jurisdiction to jurisdiction, but there is usually a formula that determines the appropriate amount that the employer must pay the woman while she is on maternity leave. Typically, companies must calculate statutory maternity pay as a percentage of the woman’s salary over a recent time period. For example, such a statute may require an employer to pay a woman on maternity leave 75% of her average paycheck over the previous 12 weeks. If you earned a total of $12,000 United States Dollars (USD) in the previous 12 weeks, your employer must pay you $750 (USD) per week for the duration of your maternity leave.
Some jurisdictions provide a compulsory maternity allowance for women who have to give birth due to short-term disability, a government-funded scheme that provides people with a percentage of their wages if they are unable to work due to a physical problem. Rates vary from jurisdiction to jurisdiction, but the calculation of short-term disability benefits is generally similar to the method described above. The only real difference between the methods is the source of the money. The government provides short-term disability while the first method of legal maternity benefits is provided by a business or other employer.
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