Maternity Leave & Your Rights

A wide shot of an ultrasound exam room, with a technician in the foreground, seated in front of a monitor and a patient's feet visible beyond

When you're expecting, the last thing you should have to think about is your rights at work, but some employers deny workers rights to maternity leave. Workers have various Federal, state, and local laws governing maternity leave, and if you find yourself fighting with your employer over your right to maternity leave, your attorney through our Legal Protection Subscription Plans for Individuals & Families can walk you through your options based on the laws of the state where you live, as well as give you advice for your specific situation. Learn more about all the benefits of membership, and read on for a brief overview of maternity leave rights.

Maternity leave allows mothers to have time away from their jobs in order to rest and recuperate from child birth as well as bond with and care for their newborns. Depending on your employment situation, this kind of leave will most likely be unpaid, as paid maternity leave is rare in the United States. Federal Law through the Family and Medical Leave Act (FMLA) requires that your employer give you 12 weeks of unpaid, job-protected maternity leave; unfortunately, this law only applies if your employer has more than 50 employees. Since October of 2020, Federal employees are guaranteed 12 weeks of paid parental leave, but maternity leave laws vary from state to state for non-Federal employees.

FMLA leave has eligibility rules, including that you have worked for your employer for at least a year, and 1,250 hours in the 12 months preceding when the leave begins. The employer must have more than 50 employees, or be a public agency or a school. The FMLA only covers new mothers so that they have time to bond with their child, and this applies to adoptive parents, as well.

Employers are not required to pay employees while on FMLA maternity leave, but some employers do offer paid leave, though they are not required to by any federal, state, or local law in the United States. The Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978 provide some additional protections for a pregnant person's job if they need time off due to child birth, as well.

If your employer is resisting giving you time off for maternity leave, you may need to advocate for yourself, and knowing the laws in your state will be very helpful in this situation. Your attorney through our Legal Protection Subscription Plans for Individuals & Families will be able to give you advice based on your specific situation and your state of residence or employment, including help filing a claim with the Equal Employment Opportunity Commission (EEOC), a governmental body that enforces Federal laws that make it illegal for employers to discriminate against employees. Learn more about all the benefits of membership or sign up today to protect your rights!