Figure Your Baseline Maternity Leave

by Pat Katepoo

Maternity leave in the US is perplexing. Each woman’s maternity leave is different, requiring you to figure the number of weeks that matches your unique set of circumstances.

The length of your maternity leave depends on several variables including:

  • The state you work in – some states have family leave laws that are broader in scope than the provisions of the federal Family & Medical Leave Act (FMLA); laws related to short-term disability leave vary among the states.
  • The size of your employer – certain small employers are exempt from federal employment laws, including FMLA and the Pregnancy Discrimination Act
  • Your tenure of employment – determines vacation and sick leave accrual
  • Employer’s paid leave policies – they range from none to generous
  • Employer’s unpaid leave policies – some have them, some don’t
  • Employer’s short-term disability policy – some have one, some don’t

To determine how these variables add up for you, visit this maternity leave planning page and follow the links and steps under Figure Your Baseline Maternity Leave.

Note: “Baseline maternity leave” is what I’ve labeled the number of weeks that you are entitled to by law or employer policy or both. This may range from zero (yes, 0!) to 12 or more weeks.

This post is adapted from Max Maternity Leave. Learn more and download your free copy today.

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