If you are expecting a baby, you already know that there is a seemingly endless amount of planning that needs to be done before the birth of your child. While many expectant parents focus most of their attention on the items that they will need for their baby (crib, stroller, nursery items, etc.) if you are employed, it is essential that you plan for your maternity leave as well. Your maternity leave is an important time for you to bond with your baby as well as recover from childbirth.
Under the federal Family and Medical Leave Act (FMLA), employers with 50 or more employees within a 75 mile radius are required to offer their employees up to 12 weeks of unpaid leave time to care for a newborn or adopted child. FMLA is also granted for the serious health condition of an employee, or the serious health condition of an employee's spouse, child or parent.
In order to be eligible for FMLA, you must have worked for your employer for a minimum of 12 months and for at least 1,250 hours during the previous year. During the 12 week FMLA period, your employer must guarantee to return you to the same or a similar position. All medical benefits must be continued during your FMLA as well.
While the FMLA can seem a bit confusing, if you take the time to understand your company’s policies you will find that planning your maternity leave can be a stress-free process.
Here are some tips to help you get the most out of your FMLA time:
1. Meet with your company’s human resources department as soon as you feel comfortable discussing your pregnancy. The sooner you do this the better, as it will give you more time to work with HR personnel to learn about their benefits policies and discuss your FMLA and disability plans. Keep in mind that while the purpose of your 12 week FMLA is to care for your newborn child, you also have a medical disability running concurrently during the first 6 weeks (or 8 weeks if you have a cesarean section delivery).
2. Know what you are entitled to. Don’t assume that you can take a full 12 weeks of FMLA time after the birth of your baby, even if your company falls within FMLA guidelines. FMLA time is granted on a yearly basis, so FMLA weeks used previously may cut into your available FMLA time. For example, if you took 6 weeks of FMLA time earlier in the year (for your own or a family member’s serious health condition), then you are only entitled to 6 FMLA weeks after the birth of your child. Obviously, if you used an extensive amount of FMLA time prior to the birth of you child (say your doctor put you on bed rest for 10 weeks earlier in your pregnancy), you will have to work with your HR department and your manager to discuss options for taking time off after the birth of your child. For your own protection, it is very important to know how much FMLA time you have available before your maternity leave starts so you can make appropriate arrangements if your time falls short.
3. Know what you will be paid. Don’t assume that your maternity leave will be fully paid. Depending on your company’s benefits policies, your FMLA time may be completely unpaid. If you are lucky enough to work for a company that offers paid short term disability, you may be able to receive partial pay during your physician certified disability period (usually 6 to 8 weeks following the birth of your baby). Your company may also allow you to use your accrued sick and vacation time to receive pay during your leave. In addition, some states such as New York, New Jersey and California, offer paid state disability insurance. It is your responsibility to contact your state disability office to apply for state disability benefits. Because pay during FMLA varies, you should determine if and how much you will be paid so you can budget for the reduced pay you may receive once you’re on leave.
4. Know how much FMLA time your spouse has available. Expectant fathers are entitled to FMLA time, too! Make sure your spouse contacts his benefit’s department to schedule his FMLA time off after the birth of your baby. If you both work for the same company, however, you may be required to “split” the 12 week FMLA time to care for your newborn or adopted child.
5. Make sure you have all FMLA paperwork submitted to your company before your FMLA clock starts ticking. This is one less thing you’ll have to worry about as your due date approaches. Most companies require that you submit both a “Request for FMLA” form and a “Certification of Healthcare Provider” form prior to the start of your leave.
6. Discuss with your manager options for extending your time off if necessary. If you are not entitled to the full 12 weeks of FMLA time, perhaps you can offer to return to work part time, telecommute, or be available for conference calls from home for a few weeks. If your company offers a personal leave of absence, consider applying for one in order to extend your time off. Keep in mind, though, that your company may not be required to hold your job open for you.
7. Don’t assume that you can’t negotiate your leave time. While the federal FMLA only guarantees you 12 weeks of unpaid leave time, your employer can be more generous. If you are a valued employee, you may be able to negotiate more time off or full pay during your leave. Talk to your manager and HR department to try to come up with a leave plan that will be agreeable to everyone involved.
