Pregnancy Leave Law

The Family and Medical Leave Act of 1993 ("FMLA") was enacted by the US Department of Labor and applies to all state and local public agencies including education agencies and private-sector employers who employ at least 50 people in 20 or more workweeks in the current or preceding calendar year. The FMLA allows eligible employees to take a temporary leave for illness in their immediate family or for a new child. In order to be eligible for FMLA benefits an employee must have worked for their employer for a minimum of 12 months, worked at least 1,250 hours over the prior 12 months, and work for an employer who subject to FMLA compliance. When applied as a pregnancy leave law, FMLA benefits include twelve weeks of unpaid leave for employees to care a new child. Upon return from FMLA leave, an employee must be restored to their original job or to an equivalent position with the same salary.

Fast Facts

  • If the need to take FMLA leave is foreseeable, as many pregnancy-related leaves are, an employee must give at least 30-days advanced notice.
  • FMLA extends the pregnancy leave law benefits to both mothers and fathers of new children.

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