irked about Maternity Leave Laws

loanbpham · August 2010

Ok..since I am a first time mommy-to-be, I have been quite naive about maternity leave. Last week I decided to go onto our website and check out how long we have for maternity leave. Wow 12 weeks..not bad...but wait for it.......all unpaid. WTH?

Apparently the US and Australia are the only 2 developed countries that do not have paid maternity leave enforced. A lot of countries have paid maternity leave of 6 months or more. Not saying I don't love the US..but come on!

I've been with my company for 4 years and I work for a Fortune 500 company, so I guess I am at least lucky to qualify for unpaid leave. i just took a sick day yesterday because I felt like death from a cold. I am in the office today and am suffering because I want to carry over as many vacation days as I could.

Ok, babies are not cheap and I am not a trust fund kid..so raising a baby with only my husband working is going to be good times I tell ya.

What is it like at your company?

Gina418 · August 2010

FMLA just guarantees that you'll have your job when you return. But that doesn't mean you won't get paid. In my case, as it was with ds, I'll be paid by disability insurance and a get a reduced paycheck from my company (they are generous with leave) - so I'll make less, but not too bad.

kathymarie · August 2010

You should be able to collect disability for at least part of that time.

I can use 20 sick days before baby and 20 after (my sick days accumulate) and I do not qualify for state disability, so I pay out of pocket for disability insurance to cover the rest.

I think after 12 weeks, or when I am "well" (whichever comes first) I get cut off.

c446784 · August 2010

I took 6 weeks paid using my sick days and borrowing days and weeks not paid... ( 8 weeks paid if I got a c-section.) I know in Denmark they get more than a year paid but they pay so much in taxes.. Even in that year you can have someone paid by the state to babysit and clean your house so you can relax and enjoy yourself... But hey that is Socialism....

~adamwife~ · August 2010

I get six weeks paid, but can take up to 3 months unpaid. With my first I took the whole 3 months and we suffered financially for it. Last time I only took 6 weeks.

With all that said, I am proud to live in America. I think a company has the right to decide what benefits they want to give their employees and if they choose not to pay for maternity leave, that is their right. I don't think the government has any business telling a company that they HAVE to offer it paid, like it is in other countries. It's just not the government's business.

GreenBride624 · August 2010

Yup, federal law is 12 wks unpaid (if your company fulfills certain requirements - it sounds like yours does).

Do you have short/long term disability insurance? If you do, you might qualify for some income while on leave. With DD, I received 60% of pay for 6 of the 12 weeks. I could have used PTO to supplement and receive extra income but I decided to keep my PTO banked to use after I came back to work (for vacations, appointments, etc...).

Make sure you fully understand your co. guidelines. Some companies MAKE you take PTO as part of your maternity leave... Just throwing it out there...

weelass24 · August 2010

12 weeks paid from the birth, plus additional 12 unpaid FMLA if I choose. Any antenatal time off is disablility at full pay as long I as qualify, which is based on how long I have been with the company.

jessjo04 · August 2010

Small family business, so I have to save up my vacation days. I don't even get any paid sick days.

biblionerd · August 2010

part time here with no sick days/no vacation days/no short term disability and 12 weeks unpaid. It is what it is... I knew that deciding to reproduce and working pt.

loanbpham · August 2010

Thanks for all your replies. I am going to look into disability now. I can't imagine going to just 1 income for 3 months.

weelass24 · August 2010

loanbpham:
Thanks for all your replies. I am going to look into disability now. I can't imagine going to just 1 income for 3 months.

You'll go back earlier than 12 weeks if you have to.

drpayne · August 2010

Yeah, maybe it depends on the type of business but I don't think 12 weeks is required. I'll probably take 4-6, all unpaid (minus any vacation/sick time I have). It sucks but my boss will probably have to have someone fill in for me while I'm gone and he can't pay both of us. Our group insurance just fell through so I also have no maternity coverage

jteneback · August 2010

Doesn't CA have some paid maternity leave on the state level?

~adamwife~ · August 2010

Is it possible to talk to your boss about working from home for a while so you don't have to go back so soon? I don't know what your job is, but that may be one way to get what you want.

drpayne · August 2010

I'm pretty sure you have to have disability insurance before you get pregnant... am I wrong there?

DesignsOnYou · August 2010

I got six weeks paid when I was working during my first pregnancy but I could take up to 12 weeks (with six weeks unpaid.)

I always think it's funny how people think they should be entitled to stay home for 6 months or a year and still be paid.

If you owned the business, would you want to pay an employee a full-year salary when they did absolutely no work or generate any income for you that year? I sure as heck wouldn't want to do that.

OscarQ · August 2010

I love my company - 13 weeks paid protected leave. They are usually ranked among the top companies for working mothers too but we'll see how that plays out in the coming years.

And my .02 - every company should be this way - at a minimum.

staycee · August 2010

you really don't want to know how it is at my job (one of the "Big 4")

I first have to use 1 week vacation at full pay. Then I get 13 weeks full pay STD, then 8 weeks full pay from my job. Then the state of CA pays 6 weeks at 55% pay. In all I get 7 months - most at full pay.

ams8099 · August 2010

DesignsOnYou:
I got six weeks paid when I was working during my first pregnancy but I could take up to 12 weeks (with six weeks unpaid.)
I always think it's funny how people think they should be entitled to stay home for 6 months or a year and still be paid.
If you owned the business, would you want to pay an employee a full-year salary when they did absolutely no work or generate any income for you that year? I sure as heck wouldn't want to do that.

Not only that, but you would have to pay somebody else to do their work!

RumbleLina · August 2010

I am self employed. I do not get paid maternity leave. Heck, I don't even GET maternity leave but oh well that is what you get for being self employed.

I think for my next child I am moving to Sweden. That way I, and DH, can get paid m/paternity leave for to 16 months each child. I should probably start planning this whole move thing now then....(and tell my DH too, haha)

jackier26 · August 2010

I think with disability insurance you have to have had it for a year in order to use it for maternity leave

loanbpham · August 2010

Dang...Staycee and OscarQ....I am very jealous!

And honestly, I don't think that it's funny to give paid time off to mothers that just gave birth. I think it's funny not to.

jteneback · August 2010

drpayne:
I'm pretty sure you have to have disability insurance before you get pregnant... am I wrong there?

Yes, but a lot of people at larger companies have it automatically as part of their benefits package.

shanatait2be · August 2010

With my first, I worked part time at a bank, I took 8 weeks with no pay.

This time, I work 3 days a week as an office manager for a Timber Co. The laws here are the employer HAS to give you 6 weeks if you are not cleared medically (which I won't be due to 6 section) but they do NOT have to pay you. If the company meets certain standards, more than 20 employees I believe, than you can take more than that up to 12 weeks, legally, all unpaid. It is up to the employer whether or not to pay the employee. THis time around, I think my Boss will still pay me *fingers crossed* but, I don't expect it. He's just a super great guy! But, as previously mentioned, he will have to pay someone to take my place and do payroll, pay bills, etc while I can not. I plan to work from home as much as I can until I feel up to going back into the office. I hope to stay home for 8 weeks again. But, we shall see.

IMO, I think every mother should be entitled to take 8 weeks off if she wants. However, it is up to her. I don't believe pay should be mandatory, especially for small business and companies. Maybe for larger companies with more income or Government offices or something, I could see it a little more. BUt, it is what it is, I guess. We just save up throughout the whole nine months so we will have the extra money when the baby gets here to pay bills, etc.

armandos_girl · August 2010

I get 2 weeks paid maternity leave. If I combine that with ALL of my PTO, I get an additional 3 weeks. And I'm not eligible for FMLA so they don't have to keep me if I take additional unpaid time. Last time, they gave me an additional 3 weeks off unpaid, but it still sucked to leave my baby at 8 weeks. That's probably what I will try to work out this time as well.

TheMrs923 · August 2010

I'll be paid my full salary the first six weeks then half pay the following six weeks. This may change though because I may talk to my boss about working from home the final six weeks due to busy fundraising season.

And JMHO as the wife of a small business owner, I think it would be crippling and absurd to pay someone while on leave unless they are using Personal Time Off. It's just as bad as forcing businesses to provide a minimum health insurance coverage in my opinion. It's none of the government's business.

staycee · August 2010

jteneback:
drpayne:
I'm pretty sure you have to have disability insurance before you get pregnant... am I wrong there?
Yes, but a lot of people at larger companies have it automatically as part of their benefits package.

my short term disability was through my work - but I had to work a full year before I qualified for the max of 13 weeks at 100% pay.

jessjo04 · August 2010

TheMrs923:

I'll be paid my full salary the first six weeks then half pay the following six weeks. This may change though because I may talk to my boss about working from home the final six weeks due to busy fundraising season.

And JMHO as the wife of a small business owner, I think it would be crippling and absurd to pay someone while on leave unless they are using Personal Time Off. It's just as bad as forcing businesses to provide a minimum health insurance coverage in my opinion. It's none of the government's business.

Yes

DesignsOnYou · August 2010

TheMrs923:

And JMHO as the wife of a small business owner, I think it would be crippling and absurd to pay someone while on leave unless they are using Personal Time Off. It's just as bad as forcing businesses to provide a minimum health insurance coverage in my opinion. It's none of the government's business.

You hush your mouth with your good ideas and common sense!

I think my employer should cater to my life decisions. It's only right they should suffer financially for actions I decide to take.

MrsTotty · August 2010

With my first ... I got 8 weeks PAID maternity leave. The year after I gave birth, they upped it to TWELVE WEEKS PAID maternity AND paternity leave. This was with Bank of America. They might be a crummy bank, but they offer FANTASTIC employee benefits.

I now work for a small insurance company. I get no maternity leave. I am not eligible for FMLA. I am paying for 6 weeks of STD (at 60% pay) and will probably take 2 weeks of PTO on top of that. It sucks.

And yes, I absolutely believe there needs to be some sort of leave package available to ALL women. Not just those of us who are lucky enough to either a) work for the right company or b) afford to pay for STD.

armandos_girl · August 2010

TheMrs923:

And JMHO as the wife of a small business owner, I think it would be crippling and absurd to pay someone while on leave unless they are using Personal Time Off. It's just as bad as forcing businesses to provide a minimum health insurance coverage in my opinion. It's none of the government's business.

I get what you're saying, but I do think FMLA should be extended to small businesses. Right now, my company SAVES money if I go on maternity leave (at least for the unpaid portion, like I said previously, I get a total of 5 weeks maternity/PTO) because they are paying my temp less than they pay me. But it would be nice to be able to take 12 weeks without worrying about my job still being there when I got back.

CutieBean79 · August 2010

I'm still amazed that you didn't realize this BEFORE you decided to reproduce. FMLA is pretty common knowledge. You deal with what your company offers and prepare for the rest. It's the real world.

MrsTotty · August 2010

DesignsOnYou:
TheMrs923:

And JMHO as the wife of a small business owner, I think it would be crippling and absurd to pay someone while on leave unless they are using Personal Time Off. It's just as bad as forcing businesses to provide a minimum health insurance coverage in my opinion. It's none of the government's business.
You hush your mouth with your good ideas and common sense!
I think my employer should cater to my life decisions. It's only right they should suffer financially for actions I decide to take.

Hmmmm, yes. Because every KU woman out there made the conscious decision to get pregnant. Riiiiight.

Women deserve the right to have their babies and have time to bond with them and HEAL from the process of labor and delivery (not to mention if they have a c/s) without worrying about losing their job ... or losing their home because they have no more income.

shortstuff15 · August 2010

~adamwife~:

I get six weeks paid, but can take up to 3 months unpaid. With my first I took the whole 3 months and we suffered financially for it. Last time I only took 6 weeks.

With all that said, I am proud to live in America. I think a company has the right to decide what benefits they want to give their employees and if they choose not to pay for maternity leave, that is their right. I don't think the government has any business telling a company that they HAVE to offer it paid, like it is in other countries. It's just not the government's business.

At least in Canada (and I think most other countries) the company doesn't actually pay you for the time off you get. Here the government pays you because you have paid into the program (a deduction that is different then taxes and has a maximum amount per contribution every year). It's paid at 50% of your income and you get it for 52 weeks. All the company has to guarantee is that when you return, if you decide to, that you will get the same position, or comparable if the position has been terminated. Some see it as socialism I guess, but when I hear the stories that occur in the States, well I'll gladly pay the $800 or so bucks a year in deductions to get close to $10,000 in paid maternity leave.

CutieBean79 · August 2010

MrsTotty:
DesignsOnYou:
TheMrs923:

And JMHO as the wife of a small business owner, I think it would be crippling and absurd to pay someone while on leave unless they are using Personal Time Off. It's just as bad as forcing businesses to provide a minimum health insurance coverage in my opinion. It's none of the government's business.
You hush your mouth with your good ideas and common sense!
I think my employer should cater to my life decisions. It's only right they should suffer financially for actions I decide to take.
Hmmmm, yes. Because every KU woman out there made the conscious decision to get pregnant. Riiiiight.
Women deserve the right to have their babies and have time to bond with them and HEAL from the process of labor and delivery (not to mention if they have a c/s) without worrying about losing their job ... or losing their home because they have no more income.

Gotta agree with Totty on this one...L&D is a big deal and needs healing time. Not to mention that the same people that capitalism are usually the same people who say family values are so important. Well, which is it? Because giving a mother (and father) time to bond with a new arrival is crucial in developing strong family bonds.

~adamwife~ · August 2010

MrsTotty:
DesignsOnYou:
TheMrs923:

And JMHO as the wife of a small business owner, I think it would be crippling and absurd to pay someone while on leave unless they are using Personal Time Off. It's just as bad as forcing businesses to provide a minimum health insurance coverage in my opinion. It's none of the government's business.

You hush your mouth with your good ideas and common sense!

I think my employer should cater to my life decisions. It's only right they should suffer financially for actions I decide to take.

Hmmmm, yes. Because every KU woman out there made the conscious decision to get pregnant. Riiiiight.

Women deserve the right to have their babies and have time to bond with them and HEAL from the process of labor and delivery (not to mention if they have a c/s) without worrying about losing their job ... or losing their home because they have no more income.

I respect your opinion, but how is that any of the employer's concern? WHy should they have to worry about you having time to bond with your child or losing your home? Sure, it would be nice if our employers could protect us from all of those things, but isn't it enough that they are giving us a check so that we can make appropriate life choices for ourselves.

I always figure that it is a question people ask when they are looking for jobs. If you are applying for a job and the employer offers no sort of maternity package and you are of childbearing age/are planning to have a family soon, wouldn't you want to look for a different job with better benefits for working mothers?

I understand that jobs are hard to come by and we often take what we can get, but it isn't the employer's fault. They are in business to make money.

skio · August 2010

loanbpham:
I can't imagine going to just 1 income for 3 months.

This is what planning ahead is for.

I get up to four months leave from work, but it is completely unpaid. I work for a large global communications company owned by the second wealthiest man in the world, and our maternity benefits are pretty terrible. :::shakes fist:::

I plan to use 2 weeks of PTO, so I'll at least get one check. I'm also eligible for NYS disability (I checked into this years ago with my company and I'm already opted-in). But it's not substantial...something like $175/week, whereas I'm used to about $750/week.

So, here comes the planning ahead part. I want to be able to stay home with my baby as long as possible, so we have a savings plan in place that will accrue enough by March 2010 to cover the rest of my missing income. So the money will be there and we won't have to worry.

Bostonpea · August 2010

I get 12weeks UNPAID. i work for a non-profit tiny co. of only 6 empolyees. I am the only female to have ever worked here and been pregnant so they have very little understanding of it. it is all men that work above me. I can carry over any of my 3weeks vacation but i cant add them to the 12weeks they would just subsitute 3 of the 12weeks- we are taking a family vacation so i only have 2weeks. I do get 3floating holidays so im saving those as well. with 3 under 3 I cant afford the 12weeks unpaid. With dd#1 I did all 12weeks and rolled my 3weeks vaca time in..with dd#2 i could only afford to take 5weeks- it was very hard. Now with baby#3 ill be lucky if I can pull off 3weeks. We depend on my income as well so we shall see..Im looking for a money tree in the meantime;0 good luck..

loanbpham · August 2010

sheesh, having a baby should be a joyous occasion. I understand that it's a board, but my goodness, no need for folks to get snippy.

Like I said, I was naive in thinking that our maternity was paid for since it is pretty much every where else. Sorry if FMLA laws were not part of my "common knowledge".

~adamwife~ · August 2010

dhviel:
~adamwife~:

I get six weeks paid, but can take up to 3 months unpaid. With my first I took the whole 3 months and we suffered financially for it. Last time I only took 6 weeks.

With all that said, I am proud to live in America. I think a company has the right to decide what benefits they want to give their employees and if they choose not to pay for maternity leave, that is their right. I don't think the government has any business telling a company that they HAVE to offer it paid, like it is in other countries. It's just not the government's business.

At least in Canada (and I think most other countries) the company doesn't actually pay you for the time off you get. Here the government pays you because you have paid into the program (a deduction that is different then taxes and has a maximum amount per contribution every year). It's paid at 50% of your income and you get it for 52 weeks. All the company has to guarantee is that when you return, if you decide to, that you will get the same position, or comparable if the position has been terminated. Some see it as socialism I guess, but when I hear the stories that occur in the States, well I'll gladly pay the $800 or so bucks a year in deductions to get close to $10,000 in paid maternity leave.

Is the government paying for all of the time it takes to train another employee while you are gone? Or to retrain you on your position when you come back?

I just cannot imagine what would happen if I wasn't working in my job for an entire year. My work enviornment would change so much and I would lose so much job knowledge while I am at home, that I imagine it would take a long time to get caught up when I got back. But maybe that's just me.

DesignsOnYou · August 2010

Women deserve the right to have their babies and have time to bond with them and HEAL from the process of labor and delivery (not to mention if they have a c/s) without worrying about losing their job ... or losing their home because they have no more income.

I totally agree with you here but there's a huge difference between getting 6-8 weeks leave and taking 6 months to a year which is really what I'm referring to in the OP.

It seems a lot of women feel discriminated against in the job market but if laws came into effect like they have in other countries, I wouldn't be surprised if companies would do all the could to avoid hiring women who are married and/or likely to have kids soon for the financial hit they would take.

I mean, the point is it comes down to the bottom-line for businesses. (I really do see where you're coming from, just being the devil's advocate here ;-)

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