[Workplace Rights]Returning To Work After Having a Baby?

Your Top 6 Maternity Leave Questions Answered

Employer Obligations

Q: How long is my employer required to pay disability for maternity leave?

• Generally, as long as you’re unable to work for medical reasons.

• However, your employer might have some time limits (the same he has for temporarily disabled employees).

Insurance Repayment

Obligations

• Your employer may require you to repay the employer’s share of the premium payment if you fail to return to work after the FMLA leave unless:

Q: Is it legal for an employer to make you pay back insurance paid during a maternity leave in case you don’t come back to work?

Insurance Payback

Exemptions

• You don’t return because of circumstances beyond your control (like medical condition)

• Familiarize yourself with these protections during FMLA leave:

“Employees Protections under the Family and Medical Leave Act” (see ‘Group Health Insurance Benefits’)

Source: dol.gov

Leave After Miscarriage

Q: I was pregnant but had a miscarriage. Am I eligible for time off to recover?

• You are eligible for time off to the extent your employer covers other temporarily disabled employees.

• If you’re not disabled according to your health care provider and don’t have any other form of leave, your employer might deny you leave.

Breastfeeding At Work

• Under the Affordable Care Act your employer is required to provide you with reasonable break time and a private space to pump.

• Note: “Employers with fewer than 50 employees are not subject to the FLSA break time requirement.”

Q: I’m breastfeeding, but my employer doesn’t have a private space for me to pump. Do I have any rights in this case?

Source: Fact Sheet #73

Employer Obligations For

Breastfeeding Mothers

• Lactation needs must be treated just as a co-worker with a similar disability or medical condition.

• Double-check your state’s workplace breastfeeding laws:

“Employment Protections For Workers Who Are Pregnant or Nursing” (by states).

Source: dol.gov

Paid Sick Time For Childcare

Q: Am I entitled to time offs for my baby checkups?

• There is no federal law that guarantees you time to take a child to a doctor, but…

• Make sure to check your state laws regarding paid sick days:

“Overview of Paid Sick Time Laws in the United States”

Source: Paid Sick Time Laws

Job Protections Under FMLA

• Under the FMLA, your employer is required return you to the same job, or a nearly identical one following maternity leave.

Q: When I return from FMLA leave, is it legal for my employer to move me to a different job?

• it has the same general work schedule

• it takes about the same time and distance to commute

• it has similar duties, status, and required skills

• it offers identical pay (including overtime, bonuses, and any pay increases that happened during FMLA leave)

• it should have the same benefits

What exactly does a nearly identical job mean?

Returning To Work

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