Maternity leave is defined as the period of time when a woman woman takes time off from work to have and take care of her baby. Employers cannot legally deny a woman maternity leave; however, different states have different requirements as far as how long an employer must legally allow for maternity leave.
How to Deal With an Employer Refusing Maternity Leave
The federal and state governments protect pregnant women from discrimination in the workplace. If you are pregnant and seeking maternity leave under FMLA, you have rights as long as you follow the proper procedures for requesting maternity leave.
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Where to Find Information on Maternity Leave and FMLA
Women have a wealth of support when it comes to maternity leave and FMLA. Local, regional, state and federal departments are set-up to protect women during pregnancy from employer discrimination and retaliation.
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Tips for Requesting Maternity Leave
If your income is financially relevant, think through your post pregnancy plan carefully. Many mothers want to stay home with their baby for the first year, but not all mothers are in a financial situation that allows such a prolonged maternity leave and disability payments will not continue for one year.
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Sick, Vacation and Personal Time
FMLA allows for 12 weeks of maternity leave. This 12 week timeframe does not include sick, vacation and personal time, in most cases. While employer policies will differ, most employers allow various forms of paid leave before unpaid maternity leave begins.
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Important Contacts Before Taking Maternity Leave
When you do decide to reveal your pregnancy to your employer, you need to make a list of important contacts within the company and your personal prenatal care to ensure you know whom to contact when the pregnancy nears the due date.
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Can My Husband Take Paternity Leave?
There are no short term disability options available for fathers who want to take time off for the birth of a child. According to the FMLA, fathers are allowed to take up to 12 weeks unpaid leave.
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Maternity Leave When Adopting
State laws and employer policies differ from one state to the next when you adopt a baby.
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Pregnancy Discrimination in the Workplace
According to the EEOC, Equal Employment Opportunity Commission, pregnant
employees or potential employees cannot be treated unfavorably because
of the pregnancy.
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