Does Georgia have a separate maternity leave law?
Georgia only provides prospective mothers and fathers with federal FMLA leave. In fact, according to the United States Department of Labor, 39 states do not have any type of significant “maternity leave” laws. Nor do they provide any short-term disability laws.
Eleven of these 39 states have laws that extend the FMLA, however. What this means is that the extended laws provide similar benefits to employees of municipal and state governments. They may also extend the same benefits to smaller companies.
The federal Family and Medical Leave Act (FMLA) says that employees are entitled to receive up to 12 weeks of unpaid leave each calendar year. In order to be eligible for this, however, each employee must meet certain requirements. Generally, a certain number of hours worked in the previous year, as well as wages earned play a part in determining eligibility.
Another federal act, the Pregnancy Discrimination Act (PDA), says that if employers offer benefits covering other types of leave, then they must also offer maternity leave.
In the United States, only 11 states offer significant maternity leave or disability laws on the state level. These states are Washington,
Connecticut, Wisconsin, California, Vermont, Minnesota, Hawaii, Rhode Island, Maine, Oregon, and New Jersey.
Five states (California, Rhode Island, Hawaii, New Jersey, and New York), offer state-mandated short-term disability programs. These programs allow pregnant women and new mothers to receive payments that equal a percentage of their average weekly income. This percentage generally ranges from 50 – 67 percent.
It is important to mention that even the states that have short-term disability payments, those payments are only for the specific period of time that a woman has been medically certified as being unable to work. In a normal pregnancy, this period of time is about ten weeks. If, however, a woman were to have complications, or a caesarian, she might be on disability for a considerably longer period of time. Except for California, the other four states put a cap on disability at 26 weeks. JH
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