The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA)
was passed in 1993. If you or your husband have worked for your present
employer for at least 1 year, the law allows a new parent (man or
woman) to take up to 12 weeks of unpaid leave in any 12-month period
for the birth of a baby. To be eligible, you must work at your job for
at least 1250 hours a year (about 60% of a normal 40-hour work week).
In addition, if both parents work for the same employer, only a
total of 12 weeks off between them is allowed. This act applies only to
companies that employ 50 or more people within a 75-mile radius. States
may allow an employer to deny job restoration to employees in the top
10% compensation bracket. In addition, any time you take off before
the birth of your baby is counted toward the 12 weeks you and/or your
husband are entitled to in any given year. You may take maternity leave
intermittently or all at the same time.
Steve and Marianne
were first-time prospective parents with busy careers. Marianne learned
she could take 6 weeks off after delivery but wanted to go back to work
after that. I suggested Steve ask about the policy for paternity leave
at his job. He hadn’t heard of it and was skeptical, but he learned his
company’s policy did cover leave for him. He got a week off after
Marianne delivered, which he later reported to me was “the best week
ever.” He was able to get another 2 weeks when Marianne went back to
work. Steve told me the time he had by himself with his new daughter,
Jane, helped him get to know her better than he would have any other
way. The time also helped him understand what Marianne was up against
and eased the transition of leaving their daughter with a sitter.
Under this law, you must be restored to
an equivalent position with equal benefits when you return. If you have
questions that personnel in the HR department can’t answer, check with
your state’s labor office.
If morning sickness causes you to be absent from your job, the FMLA states you do not
need a healthcare provider’s note verifying the problem. Nausea and
vomiting in pregnancy is classified as a “chronic condition” and may
require you be out occasionally, but you don’t need a healthcare
provider’s treatment. Most healthcare providers will write a note, if
necessary.
State Laws
Many states have passed legislation
that deals with parental leave. Some states provide disability
insurance if you have to leave work because of pregnancy or birth.
Laws differ, so check with your state’s
labor office or consult the personnel director in your company’s HR
department. You may also obtain a summary of state laws on family leave
by sending a self-addressed mailing label to the following address:
Women’s Bureau
U.S. Department of Labor
Box EX
200 Constitution Avenue NW
Washington, DC 20210 800–827–5335
Preparing to Leave Your Job
Whatever your plans—leaving work a few months early, working until the day you deliver—be prepared
to leave by the end of your eighth month. You may need time to train
your replacement to step into your job temporarily. You’ll need to
schedule times at which to call the office and to take care of other
details.
Plan Ahead
Be prepared in case your water breaks
or you have some other problem at work. Keep a towel and some sanitary
pads available. Carry medical-information cards and identification with
you. Check with your human-resources department to make sure paperwork
for your maternity leave is in order.
Have your suitcase packed and ready at
home, in case you need to go from your office to the hospital. Partners
can pack some pretty weird stuff for the hospital when a woman doesn’t
have the chance!
Prepare Your Replacement
Save yourself problems by training the
person who will handle your job to do the work the way you would.
Initiate the relief worker to office procedures, rules and regulations,
and particular ways to do your job efficiently. It’s a good idea to have the person perform your duties while you’re still on the scene so you can evaluate his or her work.
Before you leave, arrange to talk with
your replacement, your boss and your co-workers one last time about
details that must be taken care of while you’re gone. Together, review
the plans you have prepared.
Discuss with co-workers how to
keep in touch with you. (Will you call them? When can they call you?)
It’s a good idea to schedule times to call the office. This enables
your co-workers to have information available for you and have
questions ready when you call. It can be annoying to have various
people at your office call you every day asking questions when you are
trying to concentrate on your baby! Letting them know in advance when
you will call sets guidelines and puts you in control.
