When an employee requests maternity leave there are a number of questions employers face regarding legal protections and benefits for expecting mothers. This alert provides an overview of federal requirements and your legal responsibilities.
Federal Laws
- Pregnancy Discrimination Act
Under the Pregnancy Discrimination Act (PDA), employers are required to treat pregnant employees the same as they would other employees dealing with comparable medical conditions that affect their ability to work. This includes providing the same benefits, accommodations, and leave policies.
- The Pregnant Workers Fairness Act
Recently, a federal law went into effect that changes employers’ obligations to accommodate pregnant employees. The Pregnant Workers Fairness Act requires employers, upon request, to offer reasonable accommodations to pregnant employees unless such accommodations would create an “undue hardship.” Such accommodations can include flexible work hours and more breaks.
- Family Medical Leave Act
There is no federal paid maternity leave law. However, many organizations in the United States are required to provide protected unpaid leave to certain employees under the federal Family and Medical Leave Act (FMLA).
To be eligible for FMLA benefits, an employee must work for an employer with 50 or more employees and within a 75-mile radius of the employer’s worksite. They must have worked for that employer for at least 12 months and for at least 1,250 hours within the last 12 months.
If an employee is eligible for FMLA benefits, they receive up to 12 weeks of job-protected leave, and the FMLA does not require that employees take their 12 weeks consecutively. Employees can space their 12 weeks out over the baby’s first year of life or even before their child arrives—for example, to attend doctors’ appointments, prepare for the baby’s arrival, or if they are put on bedrest before the baby is born.
- PUMP Act
Maternity protections do not vanish when a mother returns to work; the federal government has provided protections for nursing mothers through the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP). PUMP requires that employers provide reasonable break time and a private space, other than a bathroom, for nursing mothers. This space must be protected from the view of the public or other coworkers. Likewise, this space must be within reasonable proximity to the employee’s work area and have necessary amenities, such as electricity, heating, cooling, water, etc.
What Should You Do While an Employee is on Maternity Leave?
While an eligible employee is taking FMLA-protected leave, they are guaranteed job protection and benefits. Eligible employees are entitled to reinstatement at the same, or an equivalent, position upon return from their leave under the FMLA. Hiring a temporary employee to handle day-to-day tasks while the permanent employee is on maternity leave is not generally seen to be discriminatory as long as the permanent employee can return to work in the same or equivalent position after their maternity leave. Employers must ensure that any replacement decisions are consistent with how they treat other employees on similar types of leave.
State and Federal Laws on Maternity Leave Payment:
At the federal level, maternity leave is unpaid. Some states, however, require paid maternity leave. Of the states that require paid maternity leave, there is variation on how many weeks of leave are paid. Business owners should check with their state labor department to ensure compliance with all applicable laws.
For further questions on maternity leave, you can review the Department of Labor’s Guide to Family and Medical Leave Act, EEOC’s guide for the Pregnant Workers Fairness Act, or email [email protected].
