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North Dakota Maternity Leave

Does North Dakota have a separate maternity leave law?

If your employee is a new mother, a mother-to-be, or a prospective or new father in North Dakota, they are not covered by a state law. However, they are still entitled to maternity leave under what is called the federal Family and Medical Leave Act, otherwise known as the FMLA.

The Family and Medical Leave Act of 1993 guarantees leaves for childbirth and other types of family and medical circumstances. Under the FMLA, they’re entitled to as much as 12 weeks of unpaid leave yearly, as long as they meet certain requirements. They include working a certain number of hours during the last 52-week period and the amount of pay they may have earned. As long as they work for an employer with 50 or more workers and they meet those other requirements, they qualify. The employer with 50 or more workers within 75 miles is obligated under law to provide it.

The 11 states that do have their own complete, significant maternity leave laws are Wisconsin, Washington, Vermont, Rhode Island, Oregon, New Jersey, Minnesota, Maine, Hawaii, Connecticut, and California.

Five states require short-term disability plans. They are Rhode Island, California, Hawaii, New York, and New Jersey. Pregnant women and new mothers may receive payments anywhere from half to 67% of their average weekly paycheck. The benefits usually only cover a period during which the mother is medically certified as being unable to work. Normally that is considered to be 10 weeks – 4 weeks before the birth to 6 weeks after it. Complications and Caesarean sections may extend that time. All the states except California limit the coverage to 26 weeks.

There is another federal protection called the PDA, or Pregnancy Discrimination Act. The act requires that employers provide parity in the kinds of medical leaves they offer, if they offer any at all. If they provide types of leave other than maternity, then they must provide maternity leave at the same level. For example, a company that offers benefits for short term medical leave for a heart attack, must offer those same benefits for maternity leave. If employers don’t offer benefits for other types of leave, they’re not required to offer maternity coverage.

This entry was posted on Thursday, September 6th, 2007 at 3:24 pm and is filed under
Attendance Management, Benefits, Compensation, Hiring and Staffing, Human Resources Management, Labor Laws, Performance Management, Termination, Workplace Management.
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