In 1993, the Family and Medical Leave Act (FMLA) was passed into law in the United States. This law gave official backing to employees who needed to take leave based on family medical issues. What this means is that an employee is allowed to go on a leave for 12 weeks during a year in order to give birth, adopt a child, or take care of a sick family member. This law protects employees against unlawful termination of appointment based on the listed criteria. Company policies are predicated by maternity leave laws and they vary from one to the other.


Who Qualifies for Leave?

Eligibility of workers for maternity leave is determined by a number of criteria. The first stipulation is that the worker must have worked for at least a year (twelve months) in the company. The worker must also have clocked a minimum of 1250 hours working for the company. The discharge of these duties must have been in the United States or any of the country’s territories.

Not all companies however are bound by the FMLA. The companies under it are those with a minimum of fifty workers. By virtue of this, all government agencies (federal and state) and private companies fulfilling the minimum requirements are mandated to grant their workers maternity leave as appropriate.


Variations in Maternity Leave Laws

The factors determining eligibility for maternity leave (as stated above) are the minimum requirements. The specific terms vary according to the different states. The terms also vary according to the policies of the company in question. However, whatever the case, an employee is entitled to the stipulated 12 weeks so long as he/she qualifies for it and if the company is bound by the FMLA.


Paid or Unpaid Leave

The FMLA leave is an unpaid one. The employer or company is not mandated to pay the worker during the period of the leave. This is perhaps is the only snag to maternity leave laws. This practice is more common in the United States amongst most countries. Other countries allow full or partial salaries during the period of the leave. However, the actual terms will vary based on the company and the State in question. Some companies give a form of compensation to their employees and some States also allow a form of paid leave; an example is California.

An advantage of this leave which is mostly unpaid is that on the resumption of duties, the employee is reinstated to the former position with the associated conditions and perks.


Applying for Maternity Leave

In order to qualify for the leave under maternity leave laws, an employee must provide irrefutable proof that he/she is entitled to the leave based on the fulfilment of the conditions attached to the FMLA. As much as is feasible, a notice of thirty days is also required. All these are presented in a formal letter to the employer.