Do I qualify for guaranteed leave from my job after I give birth?

With so many elements of the business regulation world changing rapidly these days, it is difficult to know exactly what pregnant woman can expect and demand under the law as an employee. While the law does change from time to time, and may change again soon, there are current protections to new and expectant mothers under the Family and Medical Leave Act (FMLA).

For many employees, it is necessary to take some time off of work for life emergencies and hardships. Expectant mothers and several other groups of people are guaranteed up to 12 weeks of unpaid time off if they and their employers meet certain qualifications. Other individuals who may take up to 12 weeks of unpaid leave include those who must care for a family member, those who are taking in a foster child or adopting and those facing a serious medical issue.

Of course, not all employees must offer the guaranteed leave. To qualify for the leave, the individual's employer must have at least 50 employees at the employees' location (or within 75 miles) and be covered under the FMLA. Furthermore, the employee must have worked at least 12 months for the employer, although the months do not need to be consecutive.

If you believe that you should qualify for paid or unpaid leave under your employer, it is always wise to consult with an experienced attorney who understands the turbulent world of workers' rights. With proper legal guidance, you can rest assured that you are making the most of your privileges and rights under the law, while defending your rights from employer overreach.

Source:, "Fair Wages FAQ," accessed April 07, 2017

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