Top 8 Questions Expectant Mothers Should Ask Their Employer

Thanks to the Family and Medical Leave Act (FMLA), thousands of moms and dads in America have the right to take parental leave without having to worry about losing their jobs. So, if you are expecting another addition to your family, here are some questions you should ask your company about your parental rights:

1. Am I covered under the Family and Medical Leave Act? The FMLA applies to the government and companies who have 50 or more employees. You have the right to take parental leave if you have worked for you company for at least a year or 1,250 hours in the past year.

2. What are my specific rights under the FMLA? If you are covered under this act, you are entitled to 12 weeks of unpaid leave per year for the birth or adopt of a child, dealing with a serious health condition, or caring for a sick family member. A new amendment to the FMLA grants leave for family members of military personnel who was injured in combat.

3. Am I entitled to get my same job back? Yes! After you return from parental leave, you must be placed in the same or equivalent job. However, if your employer could experience severe financial problems by keeping your job open, you can be replaced.

4. What happens to my health insurance? You should continue to receive health insurance, even if your employer pays for it. If you don’t return to work after your time off, your boss can ask you to pay back this money (with a few exceptions).

5. Do I have to take maternity leave all at the same time? It depends on your employer. If your boss agrees to it, you can take “intermittent” leave, which means that you can take off in small increments of time over the course of the year following a birth or adoption.

6. What type of advanced notice does my employer need? The FMLA requires that you give your company at least 30 days notice before you intend to take your leave. However, if you know less than 30 days in advance, you must tell your boss as soon as possible. This essentially means that you ask your employer about parental leave before the due date and then inform your company when your child is born.

7. What happens if I’m not covered by the FMLA? If you aren’t protected by the FMLA, you might be covered under a state law that guarantees your right to a maternity leave. Even if the law doesn’t give you the right to leave, you can still try to negotiate with your employer. If you do manage to work something out, be sure to request a memo that describes the agreement so you can have written proof. If you don’t come to an agreement, but you know that your company provides leave for disability and not for pregnancy, you have grounds to file a sex discrimination lawsuit.

8. What if I lose my job while I’m on maternity leave? The FMLA protects you from retaliation from exercising your parental rights. If you are fired and you believe that it’s because you’ve taken maternity leave, you should definitely consult a lawyer. If you are fired under a general layoff that includes employees who are not on FMLA leave, a lawsuit might be a little trickier unless you have tangible proof. If you are not protected by the FMLA, but have written agreement to take a leave, you can file a breach of contract claim.

For more information about the Family and Medical Leave Act, visit the U.S. Department of Labor’s website, Women Employed, and Workplace Fairness.

Filed in: Top Summary Notes.

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