I am surprised that I have not covered maternity leave in the past nine years, as it is a relevant topic that can impact every employer from the beginning of time. In fact, at PayMaster we have had about a dozen employees take time off for maternity or paternity leave over our past 30 years; there were even twins once.
The term maternity leave covers an employee who is away from work to care for the addition of a child to their family through birth, adoption or foster care placement, but what does it entail? Eligibility, including whether one is covered and how much time is allowed, are all variables that depend upon the time, place and circumstances.
At the federal level, there is the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave for workers, with the continuation of healthcare insurance, and ensures the employee is able to return to their original or similar position when they return to work. This protection lasts until one year from the date of birth or adoption, so all of the time off does not need to occur right from the start. FMLA is not exclusive to maternity leave, and can help for an employee’s own serious health condition or to care for a family member with a serious health condition.
If you did not catch the keyword in that previous paragraph, it is unpaid time. What makes the federal law even less helpful to an employee is that it only covers larger employers. FMLA applies to private employers who employ 50 or more employees within 75 miles of where the employee works in 20 or more workweeks in the current or previous calendar year. The employee taking the time off also needs to have reached 1,250 hours over the 12 months prior to the time off. Public agencies and local educational agencies are covered under FMLA, regardless of the number of employees.
Of course, if the employer offers Sick, Vacation, Paid Time Off or the like, an employee can certainly save up their time, in accordance with their company policy, and take some of that 12 weeks off as paid time.
Some states have stepped up with laws that provide some additional benefits to the employee, even offering some paid time:
| Alaska | The Alaska Family Leave Act (AFLA) provides job security for up to 18 weeks following childbirth, adoption or a qualified serious medical condition. |
| Arkansas | Eligible state employees who have been in their position longer than one year may take up to four weeks of paid maternity leave. |
| California | California employees who have worked for a company for at least one year and 1,250 total hours qualify for 12 weeks of unpaid Pregnancy Disability Leave (PDL). The rule applies to companies with five or more employees. Workers can apply for eight weeks of Paid Family Leave through the state, and employers can contribute to temporary disability insurance. |
| Connecticut | Connecticut has paid maternity leave laws that include self-employed individuals. All businesses are required to participate, and sole proprietors must remain enrolled for three years to qualify. All employees of a company, who have earned at least $2,325 in their highest earning past quarter, qualify, assuming they have worked in the past 12 weeks. |
| Delaware | Eligible executive branch state employees, including school officials, may be eligible for 12 weeks of paid leave within one year after a birth or adoption. |
| Georgia | Eligible State of Georgia employees may take up to 240 hours of paid parental leave, per year, to care for their children. Private employees are entitled to use up to five days of their sick leave towards the care of a new child. |
| Iowa | Iowa companies, with 15 employees or more, must offer eight weeks of unpaid leave and operate under state pregnancy discrimination laws. |
| Kansas | Kansas state employees may be eligible for eight weeks of paid maternity leave. |
| Louisiana | Companies with more than 25 employees in Louisiana must offer the same unpaid maternity leave rights, as outlined in the FMLA. |
| Maine | In Maine, those working for a company with fewer than 49 employees, are eligible for two weeks of paid maternity leave. Large companies, employing 49 or more employees, must offer four weeks of paid leave. |
| Massachusetts | Maternity leave guarantees an employee eight weeks of unpaid time off when they work for a company with six or more employees. |
| Minnesota | Companies with 21 or more employees must abide by the FMLA standards of 12 weeks unpaid maternity leave for their workforces. |
| Montana | Montana allows pregnant workers to take a reasonable amount of leave time using sick pay, if they have any accrued. This law applies to all employers. |
| New Hampshire | State employees are eligible to receive up to 60% of their usual salary for 12 weeks during maternity leave. They can only use this benefit once per year. |
| New Jersey | Qualified workers can receive up to 85% of their wage, for 12 weeks, with Family Leave Insurance. The program is funded through payroll deductions, not employer contributions. |
| New York | NY Paid Family Leave provides employees with eight weeks of paid leave, in addition to the 12 weeks of unpaid federal leave. Most private employers are required to purchase paid family leave insurance. Paid leave is available for full and part-time employees who have worked at least 175 days. |
| Rhode Island | Employees can take 13 weeks of unpaid leave within two years of a birth or adoption. The state offers up to five weeks of wage replacement during medical events, including adoption or the birth of a child, with employee-payroll-funded Temporary Caregiver Insurance (TCI). |
| Oregon | Oregon Family and Medical Leave Act (OFLA) offers 12 weeks of unpaid leave with an additional 12 weeks for pregnancy disability or sick child leave, if needed. Companies that employ 25 or more people in Oregon are required to offer this benefit. Employees qualify by working at least 25 hours a week for 180 days, prior to requesting leave. |
| Tennessee | Employees of companies, with more than 100 employees, are eligible for up to four months of unpaid maternity leave. |
| Vermont | Companies that employ more than 50 workers must offer 2 weeks of unpaid maternity leave, even in situations where the company may not be required to under the FMLA rules. |
| Washington | Washington state has an employer-funded-paid Family and Medical Leave Act. It applies to all employers, but those with fewer than 50 employees don’t need to pay premiums. Employees can pay into the program. If you have employees in Washington, you need to submit reports and payments quarterly. |
| Washington D.C. | Employees working in D.C. may qualify for two weeks of paid pregnancy leave and six weeks postnatal paid leave. |
The last thing an employer wants to do is take an adverse position against an employee who is pregnant. There are three federal laws that protect employees who are pregnant. The first law is Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, which is called “Title VII.” It prohibits sex discrimination, including pregnancy discrimination.
The second law is the Pregnant Workers Fairness Act, which is called the “PWFA.” The PWFA requires a covered employer to provide a reasonable accommodation to a worker’s known limitation related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
The third law is the Americans with Disabilities Act, which is called the “ADA.” The ADA prohibits discrimination against an applicant or employee based on a disability, including a disability related to a pregnancy, such as diabetes, that develops during pregnancy.
While we make every attempt to ensure the accuracy and reliability of the information provided in this document, the information is provided “as-is” without warranty of any kind. Romeo Chicco or PayMaster, Inc. does not accept any responsibility or liability for the accuracy, content, completeness, legality or reliability of the information contained. Consult with your CPA, Attorney, and/or HR Professional as federal, state, and local laws change frequently.
