FMLA & Parental Leave
FAQs

The Family and Medical Leave Act of 1993 provides up to 12 weeks of UNPAID time off to care for yourself or a family member under certain circumstances—like pregnancy complications, caring for a newborn, or recovering from childbirth.

🤰🏾You’ve worked for your employer for at least 12 months

🤰🏾You’ve worked at least 1,250 hours in the last 12 months—that’s about 25 hours a week.

🤰🏾Your employer has at least 50 employees in a 50-mile radius

The three circumstances the law provides FMLA are

1️⃣ Serious Health Conditions

2️⃣ Military Family Leave

3️⃣ Expanding Your Family through adoption, foster care or birth.

FMLA provides those who qualify up to 12 weeks of unpaid leave to care for themselves or a family member. Basically that means you can take 12 weeks off from your job and they must hold that or a similar role for you when you return. And you keep your benefits (like your health insurance) throughout the leave.

But not everyone qualifies…

If you haven’t worked at least 25 hours a week at your current job for a full year or if you work for a small company with fewer than 50 employees your employer legally does not have to offer you FMLA.

You don’t need to! FMLA is not a benefit you need to apply for. If you qualify to for it all you need to do is let your employer know when you plan on taking your leave—plan to give at least 30 days notice keeping in mind babies don’t always come on schedule.

Short-term disability insurance, STD, or SDI is often the only opportunity to receive any income repayment while you’re on maternity leave if your employer doesn’t provide paid leave. In some states, STI is a state-mandated benefit (like in California), but many don’t offer it. Like home owner’s insurance or life insurance, you can also purchase short-term disability insurance. Before you look into private insurance options check with your employer—it’s often part of your benefits package. Though, there is a catch—YOU HAVE TO OPT IN TO IT DURING OPEN ENROLLMENT. Yes, I’m yelling. If you are thinking about getting pregnant or even if you aren’t SDI is a benefit you should consider opting in for. If you don’t, you likely won’t be able to take advantage of it.

There are 3 general ways you can get paid during maternity leave:

1. through your state-sponsored benefits

2. through your employer

3. through short-term disability

All partners and co-parents qualify for 12 weeks of unpaid leave through FMLA in the U.S. if they meet all the other FMLA qualifications. More on that in the question above.

Getting paid leave is a whole other ballgame though. That depends on which state you live in and your employer.

A good first step is to have your partner ask HR for their parental leave policy and googling ‘paid family leave in your state.’

If you live in California, check out our CA leave series that explains everything you need to know to take job-protected and paid time off.

Don’t worry. Mat leave is basically written in a different language. Here are a couple options:

1. Book some time with me and we can chat through your questions.

2. Post in The Park facebook page asking what other moms in your state did.