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X. Getting the Most Time and Money During Maternity Leave
If you’ve already read the section of this guide regarding the Family Medical and Leave Act (FMLA), you know that most expecting parents in the United States are not guaranteed any amount of paid time off after the birth of their child by state or federal laws. Many workers (those who work for small companies) are not guaranteed any time off at all – paid or unpaid.
So, how do you make the most of this less-than-encouraging leave situation? You’ve got to do a little legwork yourself – check out all the angles and options.
No one else is going to do it for you!
• Re-read the requirements for qualifying for FMLA leave – if you work for an employer with more than 50 employees (or your employer is a government agency or a school) and you have worked there for at least 12 months and you have worked at least 1,250 hours in the 12 months preceding your leave, you qualify for FMLA leave - 12 weeks of unpaid, job-protected leave
• Whether or not you qualify for FMLA leave, make sure you check your state laws too. Some state laws provide for unpaid, job-protected leave even for companies with fewer than 50 employees. The Appendix to this text outlines the basic leave laws of each state as well as the District of Columbia and Puerto Rico.
• If you live in one of the few states which provides for paid maternity leave, contact the office that administers that program immediately to find out what paperwork and qualifications are necessary. At press time, these states were California, Washington and New Jersey. These programs probably won’t pay your full salary during your leave – but you don’t want to walk away from any money, do you?!
• Make sure to get and read a copy of your company’s current employee leave policy. Your company may offer paid leave of some sort – it may not be 12 paid weeks and it may not be full pay but you need to look for any money available to you. Or your company may offer a certain amount of leave in addition to the 12 FMLA-provided weeks of leave.
So, how do you make the most of this less-than-encouraging leave situation? You’ve got to do a little legwork yourself – check out all the angles and options.
No one else is going to do it for you!
• Re-read the requirements for qualifying for FMLA leave – if you work for an employer with more than 50 employees (or your employer is a government agency or a school) and you have worked there for at least 12 months and you have worked at least 1,250 hours in the 12 months preceding your leave, you qualify for FMLA leave - 12 weeks of unpaid, job-protected leave
• Whether or not you qualify for FMLA leave, make sure you check your state laws too. Some state laws provide for unpaid, job-protected leave even for companies with fewer than 50 employees. The Appendix to this text outlines the basic leave laws of each state as well as the District of Columbia and Puerto Rico.
• If you live in one of the few states which provides for paid maternity leave, contact the office that administers that program immediately to find out what paperwork and qualifications are necessary. At press time, these states were California, Washington and New Jersey. These programs probably won’t pay your full salary during your leave – but you don’t want to walk away from any money, do you?!
• Make sure to get and read a copy of your company’s current employee leave policy. Your company may offer paid leave of some sort – it may not be 12 paid weeks and it may not be full pay but you need to look for any money available to you. Or your company may offer a certain amount of leave in addition to the 12 FMLA-provided weeks of leave.
• Another option for payment during your leave is short-term disability insurance. Five states (plus Puerto Rico) mandate some form of Short-Term Disability benefits. California, Puerto Rico, New Jersey and Rhode Island have state-administered disability plans. New York and Hawaii require employers’ participation in disability plans administered by a private insurance company.
These states require employers to provide a minimum amount of short term disability benefits to all employees while disabled. State Short-Term Disability benefits typically cover half to two thirds of your salary for anywhere from four to twelve weeks depending on the circumstances of your pregnancy and childbirth.
• Even if you do not live in one of the few states with mandated short-term disability, you may have Short-Term Disability coverage through your employer. Check with your HR representative and check your employee benefits package. There may be some sort of group Short-Term Disability policy in place that covers your leave.
If you do live in a state which mandates Short-Term Disability and your employer also has a private Short-Term Disability group policy, you may be eligible for payments through both state and private coverage. Do not leave this stone unturned!
• With regard to the amount of time you can take for leave, after you check the applicability of FMLA and any state leave laws, double check your employer’s leave policy. Some companies and government agencies will offer a certain amount of paid leave and an additional amount of unpaid leave. Many employees choose not to take the supplemental unpaid leave due to financial constraints – but if time is your priority and you can work the finances out, there may be some more time out there for you.
• Beyond the time available by law and company policy, you can always propose some sort of creative leave plan to achieve your time and financial goals.
Obviously, the success of your proposal will depend on many factors: the flexibility of your employer, the financial position of your employer, the particular requirements of your job and your value as an employee among others.
If your company offers four weeks of leave and your job can be done, even in part, via telecommute, propose that you work another four weeks from home – even part-time for part-time pay if that would be more palatable to your employer. Or propose to come back from leave three days a week for four or six weeks (with a commensurate cut in pay for that time).
These creative options are obviously a last resort – but better than nothing. The worst you can be told is no – so why not give it a try?
The bottom line is this: don’t settle for the first answer given to you about your leave and your pay. Do your own research, look for additional options and don’t be afraid to suggest a creative solution to your leave situation.
Proceed to - Handling Financial Impact of Maternity Leave
