• Who is eligible
• How, where and when to apply
• What information / documents needed
• Payments
• When will you receive your first payment
• How much will you receive (depending on model)
• How long can you receive payments
• When to inform your Employer
• Earliest possible starting date for Maternity Leave
• How long do I receive Benefits
• Sickness while on Maternity Leave
• Additional income / Working while on Maternity Leave
• What are my Responsibilities
• Contact Authorities-Local Contacts

The US provides no maternity/parental leave besides 12 weeks of unpaid FMLA. Unfortunately, the law has some severe pre-conditions:

• it applies only to workplaces of 50 or more employees
• it has a number of restrictions on its use, and,
• most importantly, provides only for unpaid leave, meaning many families can not afford the lost income in taking advantage of the program

In response, states have been taking action to expand the usefulness of family leave in the states. These actions fall into two broad categories discussed in more detail below:

• Providing Paid Family Leave
• Strengthening Unpaid Leave Laws

There are thirteen states and the District of Columbia that provide expanded job protection to pregnant employees. These states are: California, Connecticut, Hawaii, Iowa, Louisiana, Maine, Massachusetts, Montana, New Hampshire, Oregon, South Carolina, Vermont and Washington.

Hawaii’s TDI law requires employers to pay employees who are temporarily unable to work part of their wages while they are out. Employees can take leave for pregnancy or any other illness or injury that is not work-related.

To be eligible for TDI coverage, an employee must have worked at least 14 weeks in the past year for an employer in Hawaii. The weeks need not be consecutive, and the employee need not have worked all 14 weeks with the same employer. During each of these weeks, the employee must have worked at least 20 hours and must have been paid at least $400.

The employee must also be “in current employment” at the time leave becomes necessary. This means the employee was working just before or no more than two weeks prior to needing leave, and would have continued working if not for the disability (including pregnancy) that made leave necessary.

The employee must be prevented from performing his or her regular duties by an off-the-job injury or illness, including pregnancy. The disability must be certified by — and the employee must be under the care of — a health care provider.

Iowa also does have a law requiring pregnancy leave under certain circumstances if the employer or employee does not fall within the provisions of the federal FMLA. Section 216.6(2)(e) of the Iowa Civil Rights Act requires that qualified employers (those with at least 4 employees who are not related to the employer) must provide to pregnant employees all benefits the employer provides its employees under any kind of sick leave or disability plan, or eight weeks of job-protected leave, whichever amount of time is less. There is no length of service or minimum hour requirements for employee eligibility for the job-protected leave under the Iowa pregnancy law.

The state of Connecticut provides protection, in addition to federal laws, for workers taking maternity leave to ensure their job status and certain benefits are protected.

Employers are required to make a reasonable effort to temporarily reassign a pregnant employee, but may also require a written notice of pregnancy before reassignment.

Other States that have extended family leave coverage to smaller employers include Maine (15 or more employees), Minnesota (21 or more employees), Oregon (25 or more employees) and Vermont (10 employees or more for medical leave and 15 employees or more for parental leave).  Connecticut, New Jersey, Wisconsin and the District of Columbia provide leave to more part-time workers than under federal law

The District of Columbia provides 16 weeks of family leave time (as long as additional leave is not needed the following year). Well, the facts defining eligibility differ from state to state; it all depends with your state.

Parental / Maternity Leave Information US – Table of Content

Since the United States as a country has no provisions for paid leave. Residents can only apply for the 12 week long FMLA leave they are entitled to. However several states do offer paid leaves benefits apart from the federal FMLA leave.

Your supervisor may require documentation in connection with your request for FMLA leave. You may be asked to provide documents to support your use of FMLA leave adoption of foster care. For example:

• Documents about childbirth or adoption from a health care provider,
• Adoption papers and agency documents
• Court documents
• Administrative agreements about placement of a foster child
• Attorneys’ records.

You may also be required to provide certification from a registered physician or healthcare provider that supports your FMLA request. The certification must include:

• Prove of your pregnancy
• How long your maternity leave will be
• The fact that you are unable to perform some or all of your duties

Your supervisor has the right to ask for a second opinion, from a health care provider outside the Department, if they have questions about the original documentation. If the two certifications disagree, a third may be required.

A medical examination may also be required for you or a family member being cared for to substantiate the request for FMLA, and follow up certification may also be required for long-term conditions. You may also have to report periodically on your status and plans to return to work.

If you have been using FMLA for your own serious illness, when you want to return to work you may have to provide medical certification that you’re healthy and able to perform your job duties

In South Carolina, a Short term disability insurance for maternity leave pays a six week benefit for  a vaginal delivery, and an eight week benefit for a c-section birth: less the elimination period. Your maternity leave benefit may greatly exceed the premium cost. Postpartum disorders that extend your maternity leave may also be covered. To apply for this you need to have a certificate that proves of the fact that you are pregnant and states of your expected date or week of your delivery. This must be provided by a registered healthcare provider.

In the state of New Hampshire, an employer must grant a female employee leave for the period of time she is physically disabled due to pregnancy, childbirth or related medical conditions. Since the leave is not mandatory, there is no set period of time for maternity leave. It is based on the period she is disabled as determined by a physician, usually the employee’s personal doctor. The only documentation that is needed to apply for such a leave in New Hampshire is your personal doctors’ recommendation. This recommendation must state your pregnancy condition and the primary reason you are physically unable to attend to your job functions.

In Vermont, the Vermont’s Parental Leave Law covers employers with 10 or more employees who work an average of 30 hours per week over the course of a year. The employee must give reasonable written notice of intent to take family or parental leave, including the anticipated dates the leave will start and end. The employer may not require notice more than 6 weeks prior to birth or adoption.

In Montana, Montana law requires that all employers provide a reasonable leave of absence for maternity leave and that you receive the same or a comparable job when you are ready to return to work.  Laws differ from state to state.

Parental / Maternity Leave Information US – Table of Content

The United States has no provisions for paid maternity leave as a country. However, several states have gone the extra mile and come up with laws and provisions for paid parental leaves.  California was the first to introduce the Paid Family leave. This Law provides workers with a maximum of six weeks of partial pay each year while taking time off from work to bond with a newborn.

In Maine, the Maine Family Medical Leave law allows for 10 weeks of unpaid leave during any 12 month period. Maine thus has no provisions for paid parental leave.

In Oregon, the Oregon Family Leave Insurance gives employees 6 weeks of paid leave for a new child or ill family member.  This Insurance builds on existing family leave laws that provide 12 weeks of unpaid, job protected leave. Oregon Family Leave Insurance will cover all employees who are eligible under the current Oregon family leave laws, meaning they work for a firm with 25 or more employees.  Smaller employers will be able to opt-in to this insurance so they can offer these same benefits to their employees as well.

The insurance benefit is funded through a 2 cent per hour payroll deduction from employee salaries (about $42 per year).  This modest contribution enables workers to be eligible for $300 per week, $1800 per year.  The deduction is collected through existing payroll reporting methods that collect for the Worker’s Benefit Fund and TRImet.  The benefit, enforcement and administration are performed by the Bureau of Labor and Industries.

In Alaska, there are provisions for state employees who are otherwise qualified to take a leave of absence. It provides 18 workweeks of leave within a 12-month period for pregnancy and childbirth.  It requires employees to use accrued paid leave until only 5 days of paid leave remaining; at that point the employee may either take the remaining leave as unpaid leave or exhaust the paid leave balance.  Provides that after accrued paid leave has been taken as required, the employee may take leave without pay for the balance of the leave.

In Arizona, there are no provisions for paid maternity leave. Illinois State provides that all state female employees who show proof that they have received prenatal care in the first 20 weeks will be eligible for 4 weeks (20 work days) paid maternity leave.  In addition, all male employees who show proof that their spouses have received prenatal care in the first 20 weeks, with notification to the employer within 24 weeks, will be eligible for 3 weeks (15 work days) of paid paternity leave.   It limits maternity and/or paternity leave to 1 leave per family for each birth and makes all employees eligible for 3 weeks (15 days) of paid leave with a new adoption.

In New Jersey, the state provides that employees, who are temporarily disabled for medical reasons, including pregnancy and childbirth, are eligible to receive partial wage replacement in the form of temporary disability insurance (TDI) benefits.

In Vermont, the law limits the use of paid leave during a period of 6 weeks and provides that the use of paid leave may not be used to extend the total leave period

States that offer no paid parental leave include: Wisconsin, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, Nevada, Oklahoma, Pennsylvania, South Dakota, Texas, Virginia, West Virginia, Wyoming, and Federal Government.

Payment options vary widely between states with some states being way generous. Its important to find out what your state has to offer.

Parental / Maternity Leave Information US – Table of Content

California’s law provides working parents up to six weeks of paid leave to care for a newborn, newly adopted child or foster care-placed child. The law also affords leave to care for a seriously ill family member, including a spouse or partner, who is temporarily disabled due to pregnancy or who is recovering from childbirth. An expansion of California’s State Disability Insurance program, the program provides partial wage replacement and is funded through employee payroll deductions. Employees cannot receive benefits under California’s short-term disability program and the family leave program at the same time, but they can receive short-term disability and then be eligible for family leave benefits after recovery from childbirth.

In Hawaii, any public employee who suffers a disability from pregnancy or recovery from childbirth is entitled to temporary disability benefits. The maximum benefit period is 26 weeks.  This is usually paid in after a period of 3 to 4 weeks after a claim is filed.

In Illinois, state employees who are members of the state employees’ group insurance program may be eligible for family and medical leave benefits. Eligible female state employees who pre-certify their pregnancy within the first trimester are entitled to three workweeks (15 days) of paid maternity leave. Eligible male state employees who pre-certify their spouse’s pregnancy within the first trimester are entitled to two workweeks (10 days) of paid paternity leave. Eligible state employees who can show that a formal adoption process is underway are entitled to two workweeks (10 days) of paid adoption leave, with the leave beginning when the employee receives physical custody of the child. Payments are paid as soon as an employee starts her leave.

Most states use the temporary disability benefits to provide payments during the provided maternity leave duration. Coverage usually starts anywhere from one to 14 days after an employee suffer a condition that leaves them unable to work. Many times, employees are required to use sick days before short term disability kicks in, if it’s an illness that keeps them out of work for an extended period of time. This is why there is usually a different policy for short term disability for sickness versus an injury.

Other payments include temporary disability insurance generally; benefits are usually deposited within 48 hours of approval by the Department of Labor & Training. Approval is based on monetary eligibility and medical certification from your Qualified Health Care Provider.

Most eligible customers get their first payment within 3-4 weeks from the day we receive their application. Missing, or wrong information may delay payment. Prompt responses from your QHP are needed to process your claim.

You must serve a Waiting Period for a week (Sun thru Sat) in which you had gross earnings less than your benefit rate at the start of your new claim. If your disability lasts 28 days or more, from the unable date within the effective day of the claim, you will be paid for the waiting period.

The general rule is that pregnancy must be treated in the same manner that the employer treats other temporary physical disabilities. If the employer requires use of vacation and/or sick leave for temporary disabilities, then it may require the same for pregnancy.

If an employer provides health insurance coverage for temporary disabilities, coverage must include pregnancy, childbirth and related medical conditions. If the particular policy purchased by the employer excludes pregnancy, the employer will be considered to be self-insured regarding pregnancy and thus be responsible for all pregnancy-related costs equal to costs covered by the policy for other temporary physical disabilities.

Parental / Maternity Leave Information US – Table of Content

There are few models and states offering payments for pregnant employees in the United Sates. One of these models commonly used is the Temporary Disability Insurance model. It is also known as TID. Others are the Paid Medical Leave and Short-Term Disability Insurance.

These terms are used to describe forms of partial or complete income replacement for women and men who take time off from work to recover from their own illness. This type of paid leave is sometimes available to birth mothers who take time off from work to recover from a pregnancy related disability and to recover from childbirth.

The Temporary Disability Insurance program exists in five states and Puerto Rico, and is also available to employees of the railroad industry. The first states to offer these disability payment plans did so because of a lack of such protection at the federal level at that time. The states offering these programs are Rhode Island (their program was instituted in 1942), California (1946), New Jersey (1948), New York, (1949) and Hawaii (1969).

Temporary disability is also called cash sickness benefits, and it’s intended to provide disabled employees with partial remuneration for the loss of wages resulting from a temporary non work-related illness or injury. In these states, pregnancy is classified as a temporary disability among other disabilities. The amount of payments one receives depends on her premiums and salary.

The maximum period that benefits are payable for varies between twenty-six and fifty-two weeks, depending on the length of employment and the total amount of earnings during the period of covered employment.

Another model is the Short Term Disability Insurance
This insurance product will pay you benefits equal to a percentage of your salary if you should become temporarily disabled due to injury or illness. In order for the injury or illness to qualify, the disability must lead to your being unable to work for a period of time as defined in the policy. Injury here also may mean pregnancy which is also considered a disability.

The terms of each policy will vary depending on the issuer and the amount of the premiums you pay. The higher your premiums, the less restrictive the terms of the policy will be. Normally, however, one of these policies provides you with a weekly portion of your salary upon the occurrence of a qualifying disability. The most common numbers are 50, 60, or 66 2/3 % of your weekly salary for a period ranging from 13 to 26 weeks. The majority of these policies also have what’s referred to as a ‘cap’, which means that your benefit payment cannot exceed a certain amount.

A short term disability insurance policy is frequently purchased as part of a group at work and can be paid by the employee, the employer, or both. If your policy is one of these types, it will usually be ‘guaranteed issue’ – which means that everyone in the group is considered qualified to participate and there is no medical exam required.

Typically, upon becoming unable to work, you start to receive benefits within one to fourteen days from the point of the actual disablement. In these cases, If you sustain an injury, payments start immediately. Conversely, if you suffer an illness, the insurance company may need time to ascertain whether or not the illness qualifies as a disablement under the stipulations of the short term disability policy.

Paid medical leave is only paid in California State and is usually 55% of ones wages or salary.

Parental / Maternity Leave Information US – Table of Content

America’s workforce has changed. Women and mothers are in the workforce, and in the workforce to stay. The typical American couple now works close to 90 hours per week, with each partner giving 40 or more hours to the job. More than half of pregnant women work until one month before the birth of their first child. Women with access to paid leave tend to stay in the workforce even longer – often well into their last month of pregnancy.

To receive temporary Disability payments, you should make sure the duration of your claim is equal to 36% of your total base period wages divided by your weekly benefit rate (not including dependent’s allowance. The most you are allowed to collect is an amount equal to 30 full weeks. You may claim these weeks any time you are medically certified as unable to work during your benefit year.

You should consider filing for Social Security disability if your condition is expected to last at least a year. You don’t have to wait until your Temporary Disability payments end to apply for Social Security disability. The application process can take up to 6 months so filing an application early is important. Social Security can start paying disability benefits after you have been disabled for 5 full months

To be eligible for TDI benefits, you must have been paid at least $8,880 in either your Base Period or an Alternate Base Period (both are explained in the following sections). If you did not earn this amount, you may be eligible if you meet all of the following conditions:

1. You earned at least $1,480 in one of your base period quarters,
2. Your total base period taxable wages are at least one and one-half times your highest quarter of earnings,
3. Your base period taxable wages equal at least $2,960.

The base period is the period of time we use to determine if you have sufficient wages to be eligible. The base period is the first four of the last five completed calendar quarters before the starting date of your new claim. The calendar quarters are: Jan 1-March 31; April 1-June 30; July 1-Sept 30; and Oct 1-Dec 31. Once a quarter’s wages are used to establish a claim, they cannot be used again on a later claim.

Paid maternity leave payments are only for residents of California.

California’s law provides working parents up to six weeks of paid leave to care for a newborn, newly adopted child or foster care-placed child. The law also affords leave to care for a seriously ill family member, including a spouse or partner, who is temporarily disabled due to pregnancy or who is recovering from childbirth. An expansion of California’s State Disability Insurance program, the program provides partial wage replacement and is funded through employee payroll deductions. Employees cannot receive benefits under California’s short-term disability program and the family leave program at the same time, but they can receive short-term disability and then be eligible for family leave benefits after recovery from childbirth. California’s paid family leave law does not provide workers with any additional job protection

California’s State Disability Insurance (SDI) covers nearly all private sector employees for non-work-related illness, injury, or a medically disabling condition resulting from pregnancy or childbirth. The typical disability period for pregnant workers is up to four weeks before and six weeks after the birth of the child.

However, rules and facts about payments differ from state to state. Always check out what works for your state.

Parental / Maternity Leave Information US – Table of Content

“Maternity leave,” the time a parent takes off from work for the birth or adoption of a child, is not usually a given in the United States. Although some companies offer paid time off for expecting mothers and their partners, most working women must rely on a combination of short-term disability, sick leave, vacation, personal days, and the Family and Medical Leave Act to get the time they need for their new child. Residents interested in these leave have to inform their employers when they want to go on leave.

The Family and Medical Leave Act is an on-going challenge for HR professionals. Because its rules are so complex, companies are vulnerable to FMLA abuse, exploitation, and miscomprehension. It takes only one confused or misinformed employee to cost a business tens of thousands of dollars in FMLA lawsuits. These B21 FMLA Training Tools will help you educate your entire team on what they must—and must not—do when it comes to the FMLA.

The FMLA requires employees to request leave at least 30 days before taking it.

Created in 1993, the Family and Medical Leave Act offer employees up to 12 weeks of excused absence from their jobs every year. It was enacted to aid employees in balancing work and personal obligations, without having to choose between the two in times of crisis.

Employees qualify for FMLA leave when either they or a family member suffer from a “serious health condition.” The condition must either prevent the worker from performing his or her job, or require the worker to care for a family member. Employees can use FMLA for pregnancy, prenatal complications, or the adoption/fostering of a child.

The FMLA has many restrictions. Employees must have worked at their company for more than 12 months. They also must have worked at least 1,250 hours during the previous year.

Smaller employers are not required to provide FMLA leave to their employees. If a company employs fewer than 50 people within 75 miles of the employee’s worksite, the employee does not qualify for FMLA leave. This regulation was enacted to accommodate employers — small companies would find it more difficult to send a replacement far away if a needed employee were to take leave.

There are three different kinds of FMLA leave:

1. Continuous FMLA leave: An employee is absent for more than three consecutive business days and has been treated by a doctor.
2. Intermittent FMLA leave: An employee is taking time off in separate blocks due to a serious health condition that qualifies for FMLA. Intermittent leave can be in hourly, daily, or weekly increments. Intermittent FMLA is often taken when an employee needs ongoing treatment for their condition.
3. Reduced schedule FMLA leave: An employee needs to reduce the amount of hours they work per day or per week, often to care for a family member or to reduce stress.

When the employee is physically able to return to work, her original job or a comparable position must be made available to her by the employer unless business necessity makes this impossible or unreasonable.

An employer must provide the same level of coverage for pregnancy related conditions of dependents that are provided for other medical conditions. This level of coverage does not have to be as high as employee coverage.

However, always remember that laws about parental leave differ from state to sate and it is responsibility to know what works for your state and what benefits are offered if any.

Parental / Maternity Leave Information US – Table of Content

The FMLA is the only available maternity leave in The United States. It is unpaid. The Family & Medical Leave Act (FMLA) is a federal law that has allowed millions of new parents, both moms and dads, to take needed time off after the birth or adoption of a child without fear of losing their jobs. Since the FMLA was enacted in 1993, more than 50 million. Americans have been able to take time off from work in times of need, and more than one in four of these FMLA-users have been new parents. The law has made an enormous difference to the lives and economic security of working parents striving to care for their babies and support their families.

You can start FMLA whenever you want as long as your doctor completed the FMLA paperwork and stated that you need the leave. You might want to start before your due date if you have a complication with your pregnancy, need to be on bed rest or something like that, but keep in mind that you have only 12 weeks of FMLA so if you take a few weeks before the baby’s arrival you will have less time with the baby once the baby is there.

FMLA protected time starts when the employee actually takes leave, and leave is certified. So there could many scenarios, but the leave would start when the employee notifies and the doctor has certified.

You can add anything to extend your leave but it is subject to your employer’s approval. If you work in DC, you can take FMLA up until your delivery for your own ‘medical condition’ – be prepared to provide documentation for bed rest or the like. You can then take 12 weeks of FMLA to care for your child. FMLA starts whenever you elect it for medical condition and when your child is born if you are taking it twice. If you are not in DC, your FMLA begins whenever you elect to take it. Your disability pay is a different story and depending on the carrier, could start two weeks before the expected due date in some cases.

In DC – you have 16 weeks TOTAL every 2 years for FMLA leave. The leave is total for the 2 years, not for each individual qualifying event. So if you take FMLA leave to care for yourself (your own medical condition) the clock starts then for the 2 year period. And the number of weeks starts at that stage, too. So if you go out of FMLA leave, say, 2 weeks before you have the baby, the DC law (which is more generous than the 12 weeks under federal law) entitles you to 14 more weeks to care for the baby. Your employer may have a more generous policy so you should always double check with your HR.

Employees can use FMLA for pregnancy any time they wish during the duration of the pregnancy and for one year after the birth or adoption of the child. The FMLA requires employees to request leave at least 30 days before taking it. Keep in mind that employees are in a better position to negotiate if they plan in advance.

Apart from FMLA, some companies provide different types of maternity leaves but this also differs between states.

Although many employees are permitted family leave, a majority cannot afford to take advantage of these benefits.  And nearly 10% of those employees who did take leave reported they were forced to go on public assistance while on leave.

Parental / Maternity Leave Information US – Table of Content

Maternity leave, now often called parental or family leave, is the time a mother (or father) takes off from work for the birth or adoption of a child. Actual paid “maternity leave” — while the norm in almost all countries — is unusual in the United States, although some enlightened companies do offer new parents paid time off, up to six weeks in some cases.

Most likely, you’ll use a combination of short-term disability, sick leave, vacation, personal days, and unpaid family leave during your time away from work. However, the FMLA doesn’t cover those who work for smaller companies and guarantees only unpaid leaves.

Which benefits are available to you will depend very much on which state you live in. In 2002, California led the way in enacting paid family leave, and other states such as Washington and New Jersey followed suit. And not all states allow women to take short-term disability leave to cover pregnancy, birth, and postpartum recovery. Your employer may have policies that dictate the order in which you can take different kinds of leave.

Short-term disability is meant to cover your salary — or a portion of it — during the time that you’re unable to do your job due to illness, injury, or childbirth. Many large employers and unions offer it, as do several states. (It’s generally provided automatically to all employees or residents, not as an optional benefit you have to sign up for.)

If your state provides STD, you may pay a small amount out of each paycheck to cover your share. If your employer or union provides it, the cost may be covered for you. If none of them provides STD, or if the coverage is insufficient, you can purchase your own policy or additional coverage through an insurance provider for a monthly premium.

Private STD insurance through your employer or a provider will generally pay between 50 and 100 percent of your salary for a certain number of weeks, depending on how many years you’ve worked for the company. (The maximum amount you can receive is usually capped.)

Six weeks is the standard amount of time covered for pregnant women. Some plans allow more time if you’ve had complications or a cesarean delivery, and many also cover bed rest before birth.

State STD benefits typically cover half to two thirds of your salary, and the coverage for pregnancy usually lasts four to six weeks but can last up to 12 weeks. In California, for example, you’re covered at 55 percent of your usual salary for up to six weeks per 12-month period. You may be able to get coverage for eight weeks or longer after the birth if you’ve had a c-section or medical complications, but your doctor must certify this.

If both your state and your company offer STD, you may be required to use the full state benefit and have your employer’s coverage make up the rest. You’ll still end up with the same amount of pay as if you were getting your employer’s full benefit, but you’ll get it in two checks, one from the state and one from your company’s provider.

Many programs require that you be out of work for up to a week before you can start to collect disability benefits. Your employer or your state’s program may require you to use up your accrued sick days or vacation days before your disability benefits kick in. That’s not necessarily a bad thing, as those days are paid at your full salary.

Parental / Maternity Leave Information US – Table of Content

The United States does not currently require that employees have access to paid sick days to address their own short-term sicknesses during pregnancy.

The federal Pregnancy Discrimination Act (PDA) requires employers with 15 or more employees to treat women affected by pregnancy, childbirth, or a related medical condition the same as other job applicants and employees on the basis of their ability or inability to work.  Under the Act, pregnancy leave is medical leave provided for a pregnancy-related disability and protects a woman from being terminated, refused a job, or denied a promotion because she is pregnant.

The Act also prohibits an employer from forcing a pregnant woman to go on leave while she is able to work.  Pregnant women are to be treated the same as others with temporary disabilities for purposes of leave and participation in benefit plans and health and disability insurance.  Further, if other employees who take disability leave are entitled to reinstatement, pregnant women must also be afforded this same entitlement.

Many states have expanded the coverage provided by the federal PDA.  Legislation addresses various issues including:  Duration of the leave; whether leave is paid or unpaid; provisions for “less strenuous work options”; if and how pregnancy should be treated as a disability; prohibitions against discrimination against pregnant employees; notification requirements; and reinstatement provisions.

Oregon has one of the best laws that support sickness during pregnancy. It defines “serious health condition” as any period of disability due to pregnancy, or period of absence for prenatal care. Oregon provides eligible female employees with an additional 12 weeks of leave within any one-year period for an illness, injury or condition related to pregnancy or childbirth that disables her from performing any available job duties offered by the employer.

Alaska provides 18 workweeks of leave within a 12-month period for pregnancy and childbirth. In Connecticut the law makes it unlawful for an employer to take the following actions because of a woman’s pregnancy: to terminate employment and to refuse to grant a reasonable leave of absence for pregnancy-related disability.

Hawaii prohibits discrimination “because of sex” and provides that the term shall include, but is not limited to, because of pregnancy, childbirth, or related medical conditions. It provides that women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes as other individuals not so affected but similar in their ability or inability to work. It also provides that any employee who suffers disability resulting from pregnancy or termination of pregnancy is entitled to receive temporary disability benefits.

In Iowa, the law also provides that disabilities caused or contributed to by the employee’s pregnancy, miscarriage, childbirth, and subsequent recovery are temporary disabilities and must be treated as such under any health or temporary disability insurance or sick leave plan.

In Louisiana, the law requires that pregnancy, childbirth, and related medical conditions be treated like any other temporary disability.

In Maryland, the law provides that disabilities caused or contributed to by pregnancy or childbirth, are temporary disabilities for all job-related purposes, and are to be treated as such under any employer-provided health or temporary disability insurance or sick leave plan.

The New Jersey laws provide that employees, who are temporarily disabled for medical reasons, including pregnancy and childbirth, are eligible to receive partial wage replacement in the form of temporary disability insurance benefits.

The state of New York also caters for sickness during pregnancy; it provides that the term “disability” also includes disability caused by or in connection with a pregnancy.

Parental / Maternity Leave Information US – Table of Content

Due to the fact that the United States has no provisions for paid maternity leave benefits, workers are only left with the option of using insurance to cover the additional costs of pregnancy. For pregnant women, knowing how to handle income during maternity leave can be a concern as soon as she discovers she’s expecting. Whether you work outside of the home or you plan to be a stay-at-home mom, worrying about where money will come from can be avoided with a little preparation.

A lot of your income during maternity leave will depend on whether or not you’re insured and how your particular insurance policy works in this instance. For U.S. citizens, the laws and regulations may differ from state to state. It’s preferable to find out as much information as possible about maternity leave income before you conceive. This way, there will be no unpleasant surprises once the pregnancy occurs. For women who are already pregnant and work outside of the home, your workplace may offer a maternity leave pay policy. Make sure you understand if you’ll receive your full salary or a portion of your salary while you’re out taking care of your newborn.

Private insurance companies and some states offer short term disability insurance for the loss of income during pregnancy and maternity leaves. Coverage for short term disability insurance has to be purchased or paid through employee’s payroll deductions. Pregnancy disability insurance policies generally cover loss of income due to complications during pregnancy, labor and post partum illnesses.

The main purpose for pregnancy disability insurance is to replace income during or after pregnancy, this is not the same as maternity leave. Pregnancy complications and conditions that impair a woman’s ability to work are covered. Disability insurance for maternity is purchased from an insurance company that sells health policies. Another method to get this coverage is through states and employers sponsored Short Term Disability Insurance in combination with private insurers. Some states provide this as an elective coverage. Pregnancy disability insurance has to be purchased or paid in before a woman becomes pregnant. Once a woman is pregnant insurance companies won’t sell a policy to cover for pregnancy related disabilities. Each insurance company provides for different terms of coverage and pricing. It’s important to get multiple quotes and to compare them when buying disability insurance.

Some states provide short term disability insurance for maternity in addition to maternity leave programs. The coverage is offered as an elective for employees and self employed. The State’s department for Human Resources or the Department of Labor has information about the insurance program if it’s offered. Employers do payroll deductions for employees who elect coverage under state’s disability programs. California, New York and New Jersey are three examples of states offering elective pregnancy disability insurance.

Pregnancy or maternity leave programs provide time off for a woman or man to care for and bonding with a newborn. The woman doesn’t have to suffer a disability to obtain maternity leave from work. Pregnancy leaves include laws such as FMLA, Family Medical Leave Act, States maternity leave laws and employers time off policies for pregnancy. Time off under these programs may or may not be paid in a particular state or by a particular employer.

Paid Family Leave also reflects the need to assist aging parents. Nearly two-thirds of Americans under the age of 60 expect that they will have to care for an older relative within the next decade. Additional income is therefore vital though the rules differ from state to state.

Parental / Maternity Leave Information US – Table of Content

Pregnant women including those that work are provided certain protections under the law during pregnancy. While these laws don’t guarantee paid maternity leave or insurance reimbursement during pregnancy, they will provide discrimination protection and in many cases allow women unpaid leave during pregnancy.

The Pregnancy Discrimination Act established in 1978 requires employers with 15 or more employees to treat pregnant workers as equally as they would employees with other medical disabilities. The act prevents employers from discriminating against pregnant women on the basis of their pregnancy or childbirth, or any disability that may result from childbirth or pregnancy. It also guarantees women the right to equal treatment of disabilities, of which pregnancy qualifies. Birth or medical related injuries or conditions are also covered under the act.

The Pregnancy Discrimination Act prevents an employer from firing a pregnant women based on her pregnancy or pregnancy related illness. The act also prevents the employer from forcing a mandatory pregnancy or maternity leave on any employee. Pregnant women are afforded the same rights as anyone else with a medical related disability. This means your employer must grant you the right to modified work tasks or disability leave with or without pay based on your organization’s policies. Pregnant women are afforded the opportunity to work as long as they are able to while on the job, and their jobs are protected during maternity leave under the Pregnancy Discrimination Act. Pregnant women may also accrue seniority or vacation while pregnant and remain eligible for other formal perks such as bonuses or pay increases. These stipulations are valid only if your employer provides security and benefits to all employees. It does not require that the employer provide these benefits only to pregnant women.
The Family and Medical Leave Act, created in 1993, allows a pregnant mother or her partner to take up to 12 weeks of leave unpaid in the 12-month period following the birth of their baby. Pregnant mothers may take intermittent leave or leave for 12 weeks at a time. The law states that the employer must reinstate you to the same job or an equivalent job upon your return to work.

Other Pregnancy Protection Laws
Laws also vary from state to state with regard to maternity leave and pregnancy rights. You should check in with your state or human resources department if you have questions regarding your rights during pregnancy. The U.S. Department of Labor also provides information regarding pregnancy rights and family leave. Remember, you may or may not be offered disability pay as a result of your pregnancy. Many employers offer this benefit, which provides up to 60% of pay for a designated period after delivery. If your employer does not offer this benefit, you’ll want to start assessing your finances ahead of time and determine whether you need to save money to prepare for delivery.

Your best bet is to meet with your company human resources professional or manager to discuss your rights and your leave several months before delivery. This will help you prepare for any steps you need to take and ensure you have the paperwork you need to take advantage of any leaves guaranteed by your company.

Communities benefit from the greater health and economic stability that Paid Family Leave provides.  The education and health of children improves when their parents are able to take paid leave. Pediatric mortality decreases.   Sick or injured children recover faster. Medical care, immunization, and breastfeeding for newborns all increase. And educational achievement is higher. These rights are different state to state.

Parental / Maternity Leave Information US – Table of Content

In the United States unionism in some form is almost as old as the nation itself. Their chief purpose was to keep up craft standards and to prevent employers from hiring untrained workers and importing foreign labor. From 1806 there were numerous prosecutions by employers of unions as combinations in restraint of trade.

The International Trade Union Confederation (ITUC) is the main international trade union organisation, representing the interests of working people worldwide. The ITUC was founded at its inaugural Congress in Vienna, Austria, on 1 -3 November 2006. It groups together the former affiliates of the International Confederation of Free Trade Unions (ICFTU) and the World Confederation of Labour (WCL), along with trade union organizations which had no global affiliation. The ICFTU and the WCL dissolved themselves on 31 October 2006, to pave the way for the creation of the ITUC.

Together with its affiliates, its regional organizations, the Global Union Federations, as well as with non-governmental organizations, the ITUC carries out ongoing campaign action for the universal respect of trade union rights, as guaranteed by the Conventions of the International Labour Organisation (ILO).

The ITUC defends trade unionists whenever their fundamental human rights are violated as a result of their trade union activities. It also takes action against other labour rights violations, and other violations of human rights especially where these affect working people.

Scores of trade unionists are killed each year due to their union activities.

Several thousands more are imprisoned, beaten in demonstrations, tortured by security forces or others, and often sentenced to long prison terms.

Each year, tens of thousands of workers lose their jobs merely for attempting to organise a trade union.

Throughout the world, millions of workers, often women and children, are forced to work against their will. The ITUC fights against forced labour wherever it occurs.

In many countries, workers are discriminated against for political, ethnic, religious or other reasons. The ITUC confronts governments and employers that are responsible for such situations.

The ITUC’s work in this area includes research and documentation of national labour laws and practices, international trade union solidarity actions to support those whose rights are under attack, publicizing violations to bring public pressure on those responsible, putting pressure on governments and employers which violate workers’ rights and by taking cases to the international judicial mechanisms of the ILO and also to United Nations human rights bodies.

Director: Stephen Benedict – tur@ituc-csi.org – turights@ituc-csi.org

It has regional offices. In the Americas, it contacts are:

General Secretary: Victor Báez Mosqueira
sede@csa-csi.org
www.csa-csi.org
Rua Formosa, 367, 4° Andar – Centro
CEP 01049-000, São Paulo
SP – Brasil
Telephone: +55 11 21040750
Fax: +55 11 210470751

The US department of labour can also be contacted for enquiries or complaints regarding maternity laws.

By Mail

U.S. Department of Labor
200 Constitution Ave., NW
Washington, DC 20210

By Phone

• National Toll-Free Contact Center. Live assistance is available Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time by calling, 1-866-4-USA-DOL (1-866-487-2365), TTY: 1-877-889-5627.
• Phone Numbers by Topic. Search for a Departmental phone number based on the topic of your question.
• The Leadership Team. A list of phone numbers for key personnel in the Department.

By E-Mail

• General Questions
• Technical Questions. E-mail our Webmaster if you are having an accessibility problem, difficulty navigating our site, want to report a broken link, or have some other technical question.
• Secretary Solis. Send Secretary Solis an e-mail message.

Labour laws in the US are many and vary from state to state.

Parental / Maternity Leave Information US – Table of Content

Since the US as a whole does not provide for paid parental leave, all USA residents are only obligated to apply for the unpaid FMLA leave.

• To apply for FMLA you need to consider the following:
  First, check with your manager or human resources department to get a blank FMLA form and verify that you are eligible. You must be employed by your current employer and have worked at least 1250 hours during the previous 12 months. You may also need a release form for information about yourself or about the sick family member if that’s the reason for taking a leave.
• Second, fill out your portion of the FMLA form. Indicate whether you are taking the leave all at once or on an intermittent basis. Under the Privacy Act you do not have to state the exact nature of a medical problem. For instance, you can state that a family member cannot stand or walk, but you do not have to explain why.
• Thirdly, take the forms to your doctor or other health care provider to fill out the certification portion. The release form (required by some employers) allows your doctor to release limited information to document the need for your application. Be sure both you and your doctor sign the forms.
• Lastly, photocopy the forms and then return them to your employer. If you are taking leave on an intermittent schedule, make a written note on each leave request that you are asking for time off under the FMLA agreement that they have on file.

The Family and Medical Leave Act provides up to 12 weeks of unpaid leave for employees with newborn children, employees who must care for an ill family member, employees involved in adoptions and employees who are unable to work because of illness. The laws set forth in the Family and Medical Leave Act apply only to companies with 50 or more employees, and the employee taking leave must have worked for the company for at least 12 months or 1,250 hours.

Many women often choose to take no maternity leave to protect their finances and support their families. But because child care facilities often do not accept infants under 12 weeks of age or infants with certain medical problems, many women have no choice but to stay home without pay.

California, Connecticut, Maine and Hawaii are regarded as having the most generous maternity leave benefits. With no urging from the federal government, these states have enacted laws that provide paid leave for both mothers and fathers, paid leave for mothers recovering from pregnancy or pregnancy-induced disability and mothers of adopted children. States that have received the lowest overall ranking for maternity leave are Idaho, Kansas and Maryland. Missouri, Mississippi, Nebraska, Nevada, North Carolina, Oklahoma, South Dakota, Virginia, West Virginia and Wyoming have no state laws that offer maternity leave beyond the laws in the Family and Medical Leave Act and no laws that ensure paid-maternity leave.

By accessing the TDI website at www.dlt.ri.gov/tdi, you may apply online or download an application to complete and mail to TDI, P.O. Box 20100, Cranston, RI 02920. You may also call (401) 462-8420 and choose option 1. An application bar-coded with your personal information will be mailed to you. If you become ill or injured, and an examination by a healthcare provider indicates that you cannot work for at least 7 consecutive days, your claim should be filed as soon as possible to avoid jeopardizing or delaying your first payment.

Always remember to find out what works for your state.

Parental / Maternity Leave Information US – Table of Content

• Who is eligible
• How, where and when to apply
• What information / documents needed
• Payments
• When will you receive your first payment
• How much will you receive (depending on model)
• How long can you receive payments
• When to inform your Employer
• Earliest possible starting date for Maternity Leave
• How long do I receive Benefits
• Sickness while on Maternity Leave
• Additional income / Working while on Maternity Leave
• What are my Responsibilities
• Contact Authorities-Local Contacts

Maternity Leave Entitlements in Australia are determined by Federal Government regulations.  State Government laws and individual employer policies are also applicable and can vary widely so use this information as a starting point then ensure you confirm details for your specific situation.

The main eligibility requirements and conditions, as set by the Federal Government, are:

• You must have worked continuously for employer for 12 months in full-time, part-time or in some cases casual employment
• You can begin leave within 6 weeks of expected birth of child (i.e. in week 34 of your pregnancy)
• You can take a maximum of 52 weeks of unpaid parental leave
• You must advise your employer in writing as soon as practical when you expect to take leave, and no later than 4 weeks before the commencement of leave.
• You must provide a medical certificate confirming your pregnancy no later than 10 weeks before the due date.
• You must also provide a statutory declaration stating you will be the primary care giver and that you will not do anything inconsistent with their employment contract while on leave.
• When returning to work you must give 4 weeks written notice
• You can generally return to the same position you held before you went on maternity leave, or are entitled to another position similar in status and pay

State governments must comply with Federal regulations and also provide their own specific information and requirements including documents required and the application process.  Some states have sites and information sheets dedicated to maternity leave and parental leave while others are more general employment sites and often refer back to federal law in regards to maternity leave.

Employers must stick to federal and state government regulations but beyond this have their own policies in regard to maternity and paternity leave.  These vary widely with some employers much more generous than others.

• Check your company policy and employment contract and discuss your personal situation with your employer.
• Leave is generally unpaid unless your award, contract or company policy states otherwise
• If you do not comply with some of the above regulations, such as being employed for 12 months first, you can still negotiate with your employer to potentially take maternity leave.

You may be able to combine paid annual leave with unpaid maternity leave

Parental / Maternity Leave Information Australia – Table of Content

In order to apply for parental leave, the employee must give written notice to their employer. This notice must:

• be provided to the employer at least 10 weeks before they start the leave, or if this is not practicable, as soon as is practicable; and
• tell the employer the start and end dates of their parental leave

The employee must also confirm their leave dates with their employer at least four weeks before they go on parental leave unless it is not practicable to do so. If an employee needs to make any changes to their leave dates, they should inform their employer as soon as possible.

Employers have the right to request that their employees provide evidence, such as a medical certificate or statutory declaration, of the expected date of birth or date of placement of adoption.

Employees can use the notification form to advise their employer that they intend to take leave and also to confirm their leave dates.

To apply for the paid parental leave an applicant must lodge their Claims for Parental Leave Pay up to three months before expected date of birth or adoption of your child. This is done using Family assistance Online Services. You can lodge a claim up to three months before the expected date of birth or adoption of your child

You can call 13 6150 for assistance in completing your online claim form or to request a hard copy form. Alternatively, you can visit the Family Assistance Office located in Medicare offices and Centrelink Customer Service Centers.

Your Parental Leave Pay can start from the day your child is born or adopted, or at a date that is later. It must be fully paid within 52 weeks from the date of birth or adoption.

To be eligible for the full 18 weeks of Parental Leave Pay, the nominated start date for your Parental Leave Pay needs to be within 34 weeks of the birth or adoption of your child. The unused part of your Parental Leave Pay may be transferred to your partner if they meet the eligibility criteria and claim your unused Parental Leave Pay. The unused Parental Leave Pay may also be transferred to a separated parent or their new partner, if eligible.  Remember parental Leave Pay and Baby Bonus cannot be paid for the same child.

Parental / Maternity Leave Information Australia – Table of Content

To apply for maternity leave in Australia, certain documents are needed to prove one’s eligibility for the leave.

An employee must have documents that prove she has been working continuously for employer for 12 months in full-time, part-time or in some cases casual employment. She must also provide documents that advise her employer in writing as soon as practical when she expect to take leave, and no later than 4 weeks before the commencement of the parental leave.

If the employee is expectant she must provide a medical certificate confirming her pregnancy no later than 10 weeks before the due date. This certificate should be gotten from accredited health officers such as registered doctors, registered gynecologists, registered physicians, registered nurses or registered mid wives.

In addition to the above information, an employee must also provide a statutory declaration stating that she will be the primary care giver and that she will not do anything inconsistent with their employment contract while on leave.

Other relevant information needed is the fact that when one is  returning to work she must give 4 weeks written notice to the employer stating her expected date of return to work.

The parental leave scheme provides government-funded Parental Leave Pay at the National Minimum Wage for a maximum period of 18 weeks, and can be received before, after, or at the same time as existing entitlements such as annual leave, long service leave, and employer-funded paid parental leave.

Many employers also provide employees a period of paid parental leave through their enterprise agreements, contracts of employment or workplace policies. Such incentives can help businesses attract and retain talented staff.

The introduction of the Australian Government’s Paid Parental Leave scheme is not intended to replace existing entitlements to employer-funded paid parental leave, and having an existing entitlement to employer-funded paid parental leave does not affect an employee’s potential eligibility for the Australian Government’s Paid Parental Leave scheme. If an employer currently provides paid parental leave through an industrial agreement (such as an enterprise agreement), the entitlements will continue as long as the agreement applies.

Claims for Parental Leave Pay can be lodged up to three months before expected date of birth or adoption of your child. O It is also important to know that lodging a claim for Parental Leave Pay before your child is born or adopted will help prevent any delays.

Parental / Maternity Leave Information Australia – Table of Content

Australia will be introducing an 18 week paid maternity leave scheme starting in 2011. It is to be publicly funded, and to provide the federal minimum wage (currently AUS $596.78 a week) rather than a percentage of the primary caregiver’s salary. It will not be available to families wherein the primary caregiver has an annual salary above $150,000. These payments include:

Paid maternity leave:

18 weeks at federal minimum wage (Around $596/week

Employees receiving Parental Leave Pay must continue to receive a pay slip for each payment or be provided a separate written advice.  A written advice or a pay slip (in addition to the standard requirements of a pay slip), must have a statement identifying that the payments made are Parental Leave Pay under the Australian Government Paid Parental Leave scheme. The following information must also be included:

• if no other payments are included in the pay slip, the gross and net amounts of the Parental Leave Pay, and the amount of income tax withheld from the payment
• if other payments (such as annual leave or employer-funded Parental Leave Pay) are included in the pay slip, the gross amount of the Parental Leave Pay, as well as the total net amount and income tax withheld for the pay period
• if a deduction from the Parental Leave Pay is made, the amount of the deduction and the name and bank details of the entity to whom the deduction is made

Only certain deductions from Parental Leave Pay are permitted under the Paid Parental Leave scheme. The Fair Work Ombudsman can enforce an employer’s payment and record keeping obligations under the Paid Parental Leave scheme, and may investigate any related complaints.

Many employers also provide employees a period of paid parental leave through their enterprise agreements, contracts of employment or workplace policies. Such incentives can help businesses attract and retain talented staff.

The introduction of the Australian Government’s Paid Parental Leave scheme is not intended to replace existing entitlements to employer-funded paid parental leave, and having an existing entitlement to employer-funded paid parental leave does not affect an employee’s potential eligibility for the Australian Government’s Paid Parental Leave scheme. If an employer currently provides paid parental leave through an industrial agreement (such as an enterprise agreement), the entitlements will continue as long as the agreement applies.

Parental / Maternity Leave Information Australia – Table of Content