The United States is one of the few industrialized nations that does not mandate paid maternity leave.  In a 2004 Harvard University study, out of 168 nations surveyed, 163 had some type of paid maternity leave.  The United States, along with countries such as Papua New Guinea and Swaziland, did not have any form of paid leave.  In contrast, new mothers in Canada receive 14 weeks of paid maternity leave.

     There are, however, a few laws that aid an employee seeking some type of maternity leave.  The Family Medical Leave Act (“FMLA”) protects an individual’s job in the event of an employee’s own personal disability/illness, which includes maternity leave.  The FMLA only applies to employees who have worked 1,250 hours over the past 12 consecutive months and only to companies who have more than 50 employees in a 75-mile radius.  So, if an expectant mother is employed by a small company, she will not be covered by the FMLA.

     If you are covered by the FMLA, you are entitled to 12 weeks of unpaid leave per year.  The leave may be taken all at once or throughout the year.  An employee covered by the FMLA is also entitled to continuing health insurance benefits if the employee is receiving benefits at the time the leave is requested.  Under the FMLA, an employee is usually guaranteed to return to the same job or its equivalent.  An exception under the FMLA exists for certain upper-level positions.  The FMLA applies to both expectant mothers and fathers.

    The Pregnancy Discrimination Act, which only applies to companies with 15 or more employees, also requires an employer to treat an expectant mother in the same manner as any other employee with a temporary medical disability.  The law forbids an employer from discriminating against an expectant mother or requiring the employee to take a leave of absence.

     While companies may offer maternity leave, either paid or unpaid, they are not required to do so. As soon as an employee finds out they are pregnant, they need to determine what options are available to them.  Don’t be afraid to discuss alternate approaches with your employer, such as part-time work or flex-time.