Human Resource Blog

Maryland Maternity Leave

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We have a number of pregnant employees. To make scheduling easier, can we require that they go on maternity leave at 8 months and return when the baby is 8 weeks old?

The type of policy being proposed here would be against the law in Maryland. The specific violation is actually a federal one. The federal Family and Medical Leave Act of 1986 allows workers of both sexes to take up to 12 weeks of leave each calendar year for the purpose of childbirth. FMLA leave provides workers with the security of knowing that their jobs are protected while they are away from work. The leave, however, is unpaid.

One of the most important points to be mentioned is that employers simply cannot dictate the timing of an employee’s maternity leave. These are personal and medical decisions that must be made by the expectant mother and her doctor.

In some cases, women prefer to work up until the time that their baby is born, because it allows them to spend more time with their child after the baby’s birth. In other cases, pregnancy complications may force women to go out on leave earlier than they might like.

The Family and Medical Leave Act applies to employers throughout the country that have at least 50 employees. There are some states that have increased the coverage of FMLA, making the law applicable to smaller employers.

Under Title VII of the Civil Rights Bill of 1964, the Pregnancy Disability Act allows pregnant women to continue to work, if they want to, for as long as they are physically able to work. This regulation applies to those employers having a minimum of 15 employees. The law is applicable throughout the United States.

Some states, including Wisconsin, Washington, Vermont, Rhode Island, Oregon, New Jersey, Maine, Hawaii, Connecticut, and California have similar laws pertaining to the amount of time that has to be offered for maternity leave.

A common recommendation by doctors is that new mothers take six weeks off of work after having a normal delivery, and at least eight weeks after having a caesarian. JH