Maternity Leave Laws

Need a sample maternity leave policy? Information on pregnancy disability leave? We can help with the latest on topics like disability maternity leave.

Creating a legally compliant maternity leave policy is harder than ever. When you need assistance, trust Business Management Daily to help you deliver.

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Q. Our maternity leave policy offers paid leave for female employees who plan to return to work after the birth of the child. If the employee quits before returning to work, she's required to reimburse the company for the paid leave. Is this lawful? —A.C., Maryland

Q. Is there a law or reasonable standard regarding how many weeks maternity leave should be? And should we make that a written policy in our employee handbook? Even with FMLA, to which our employees are entitled, we thought maternity leave was either six or eight weeks, depending on type of delivery. —J.F., Pennsylvania

Q. My company offers 10 weeks paid maternity leave. Recently, a male employee asked whether he could take maternity leave. I said no, only women are eligible to take such leave. Was I right? —K.R., Maryland

Q. We recently learned that an employee on FMLA leave is working for another company. Can we fire her? —D.G., Arizona

Q. If a pregnant employee is salaried and is missing two days of work a week, can we legally make her an hourly employee? When the employee was hired, her contract should have been hourly. Is it legal to change the basis of her pay now? —C.H., Michigan

It’s not only illegal to discriminate against females in the work force, it’s also illegal to show bias against certain subsets of women ...

Warning: If you terminate employees who take more than 12 weeks off in a given period, you may be violating the FMLA even if you allow employees their full FMLA allotment of 12 weeks unpaid leave ...

Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position? —J.B., North Carolina

The New Jersey Temporary Disability Benefits Law provides cash benefits to employees who, because of a serious illness or injury, can’t perform their regular jobs and are under professional medical care. The program is compulsory for all employers covered by the state’s unemployment compensation law ...

New York employers must contend with an assortment of leave laws in addition to those required by the federal FMLA and the ADA’s reasonable accommodations requirements for employees with disabilities ...

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