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. One of our employees is on leave after giving birth. She may qualify for a position that recently opened up. Do we have an obligation to notify her of that opening? —R.D., Ohio

When employees return from FMLA leave, you're required to restore them to the same position or a comparable one. That requirement might make you hesitant to make any changes to employees' jobs or conditions of employment while they're out on FMLA leave. However, a new court ruling shows that you can make minimal changes to a job description without worrying about FMLA violations ...

Domestic violence isn't always domestic. It comes to the workplace as lost productivity, excessive absenteeism, employee depression, increased health costs and, in the worst-case scenario, as violence at the workplace ...

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

Illinois employees have enhanced leave options in addition to their rights under the federal FMLA. Employers with 50 or more employees are subject to Illinois’ School Visitation Rights Act, the Victims’ Economic Security and Safety Act and the Employee Blood Donation Leave Act. Also, employers with at least 15 employees must comply with the Illinois Family Military Leave Act ...

While all Michigan employers with 50 or more employees within a 75-mile radius are subject to the federal FMLA, they must also grant time off as a reasonable accommodation under the state’s Persons With Disabilities Civil Rights Act (PWDCRA) ...