Your maternity entitlements

Paid maternity leave is unusual in the US although some enlightened employers may offer it as an incentive to hang on to good employees whom they hope will return to their jobs after they have their babies.

Most women combine unpaid family leave with vacation, personal days, short term disability leave and sick leave, but this often depends on what’s allowed by state law – for example, California offers paid family leave, while other states don’t permit the use of short term disability leave after your baby’s birth. It’s best to find out as early as you can in your pregnancy what options will be open to you. Ask your human resources department, and talk to colleagues who are moms about what kind of package they were offered by your employer.

• 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 of your baby. Your employer is required to keep your job open for you with the same salary, benefits and seniority. However, it’s only available if you work for a company that employs more than 50 staff who have to live within 75 miles of your workplace and have been with your employer for at least a year. Also, you employer isn’t obliged to hold your job if you’re among the top 10 highest-paid employees and they can demonstrate that keeping your position open would be difficult.

• Short-term disability (STD) can be used to cover your salary after you have your baby. It’s provided by some employers and unions, or may be offered by your state (you may have to pay a premium from your paycheck). Alternately you can take out your own STD coverage through a private insurer. STD usually pays a percentage of your salary (usually around half, with the overall amount capped) for a specified number of weeks (usually six but possibly as many as 12).

You need to request leave at least 30 days before you intend to take it although it will likely sit better with your employer if you give as much advance notice as possible. It’s a good idea to work out a plan for how your workload might be covered so you’re approaching your boss with solutions instead of leaving them to figure out how to cover you. If your request is denied, contact the US Department of Labor or consult a lawyer who has experience in dealing with workers’ rights for advice

Keep in mind that it’s possible to extend your maternity leave by using vacation time, personal days and sick leave, but if you then decide not to return to work you may be asked to pay back that money.

• US Department of Labor 1-877-889-5627; www.dol.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.