Types of parental leave

The Family and Medical Leave Act entitles some workers to up to 12 weeks’ unpaid leave in any one year and can be used around the birth or adoption of your baby. You can opt to take it intermittently so that you can work part-time hours until you’ve used up the leave.

Who’s eligible?

In order to qualify you need to have been employed by your employer for a least 12 months and worked at least 1,250 hours (the 12 months don’t need to be consecutive as long as you’ve completed this number of hours). You also need to work for a company with 50 or more employees who live within 75 miles of your workplace.

How do I arrange it?

You need to give 30 days’ notice of your intention to take leave – if you don’t do this, you employer can delay your leave. Your employer is entitled to ask for a certificate from a physician stating that the leave is necessary. Keep I mind that if you and your partner both work for the same employer you can’t each take the 12 weeks’ leave, although it can be split between you.

If your employer believes you aren’t eligible to take the leave they must inform you in writing within two business days of your request. If your employer doesn’t provide written notice within this time, you are considered eligible to take the leave. Once the leave is approved your employer can’t cancel it if the workforce falls below 50.

Is my job protected?

In most cases, your employer is required to keep your job open for you with the same salary, benefits and seniority. However this doesn’t apply if you’re among the top 10 highest-paid employees and your employer can demonstrate that keeping your position open would cause his business economic hardship.

While you’re on leave your employer is entitled to contact you periodically to ask if you intend returning to your job.

For more information, visit the Department of Labor website (www.gol.gov).

The information in this feature is intended for educational purposes only. If you have any concerns about your health, the health of your child or the health of someone you know, please consult with a doctor or other healthcare professional.