As expecting parents, you really need to know what rights you have.
Use your resources.
In addition to FMLA, you got to know what your state requires, what your employer offers. All these things are components of you becoming a parent for the first time.
The Family and Medical Leave Act of 1993 (or FMLA) provides unpaid federal job protection to working parents.
But if you’re expecting, you also need to look into your state and employer parental leave policies, which could provide additional, paid benefits.
To find out what you need to know about your state and company’s leave policies…
1. Look up your state’s (and city’s) leave and benefit laws
First, read up on your state’s family and medical leave legislation. A good place to start is legal publisher Nolo’s guide to all 50 states’ family leave laws.
Note that cities may also provide additional benefits.
For example, if you live in California, the state offers additional benefits such as paid family leave at generally 60 percent of your wages for up to six weeks.
Note that there is a cap on benefits for high earners.
The state also provides up to four months of pregnancy disability leave, in addition to the 12 weeks of FMLA leave.
When going through your state’s leave laws, take note of the qualifying employer threshold.
While the FMLA applies to employers with at least 50 employees, some states have a lower threshold for coverage.
Some states have expanded the criteria for qualifying family members, as well as the possible reasons for taking leave.
2. Schedule a meeting with HR
Meet with your company’s HR team to determine which employer-specific benefits to expect.
Employers can offer a range of benefits beyond those outlined in federal and state laws — from flextime plans (flexible work schedules) to childcare subsidies to additional paid leave.
For example, recall that a Californian can qualify for six weeks of paid family leave at 60 percent of their regular wages.
That person’s employer could then choose to supplement those benefits so that they reach 100 percent of their normal pay.
In fact, this supplementation is required in some cities, like San Francisco.
Note that many parents save up paid vacation, personal, and sick days to use as part of their parental leaves — no matter their employers’ policies.
Find out your state and company’s family leave policies:
- Look up your state’s (and city’s) leave and benefit laws
- Schedule a meeting with HR
It might seem obvious, but as an expecting parent, you need to know which leave options are available to you.
That way, you can plan your leave in the most informed way possible.
