In the late 1980s, Helen Morgan worked as a salesperson at an electronics company in California.
When Morgan announced she would be taking maternity leave for the birth of her daughter, the company looked into replacing her.
When she tried to return to work after her leave, she was told she no longer had a job there.
Back then, working American parents like Morgan did not receive federal leave protection.
So even when workers were granted parental leave, their jobs weren’t necessarily guaranteed when they returned.
Morgan and others who had experienced pregnancy discrimination became poster children for the issue, provoking growing consensus on the value of parental leave protection.
Thankfully, in 1993, the Family Medical Leave Act or FMLA was signed into law, mandating job protected leave for American workers.
In other words, covered parents could no longer lose their jobs for taking time off to have a child.
The Family and Medical Leave Act of 1993 (or FMLA) entitles American employees to family or medical leave.
FMLA leave is frequently used by working parents welcoming new children to their families.
FMLA leave is generally job-protected, meaning employers must restore employees to the same or equivalent jobs post-leave. If you’re an expecting parent, you should feel confident in your job security when taking FMLA leave.
But there’s more to the FMLA than that.
For instance, when can you take leave, and for how long? Can you get paid during your leave?
Here’s what you need to know about the FMLA as a parent.
Health benefits
Under the FMLA, employers must maintain employees’ health insurance coverage for the duration of their FMLA leave, under the same conditions as if the employees had not taken leave.
Notice
Expecting parents are responsible for providing sufficient and timely notice of their need for leave.
For leave related to pregnancy or adoption, the U.S. Department of Labor recommends giving 30 days’ notice, if not more. (Keep in mind that your company may have its own notification protocols.)
Qualifying period
Parental leave must be taken within 12 months of the birth or placement of the child.
Amount of leave
Employees may take up to 12 weeks of FMLA leave for the birth or placement of a child. Such parental leave must be taken as a continuous block unless the employer agrees to intermittent leave.
Paid leave
FMLA leave is unpaid. But you may be able to use accrued paid leave (vacation and sick time) provided by your employer during your FMLA leave. Most working parents substitute paid leave in this way.
If you’re an expecting parent, knowing your rights under the FMLA will give you peace of mind as you prepare for your parental leave.
For more information on FMLA protections, head to the United States Department of Labor website.
