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Who Is Eligible For Maternity And Paternity Leave
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Who Is Eligible For Maternity And Paternity Leave
When expecting a new child, one of the first things many parents wonder is if they will qualify for maternity or paternity leave from their jobs. Eligibility for this important benefit that allows bonding time with a newborn can vary greatly depending on where you work and state laws.
Federal Family and Medical Leave Act
The main law governing maternity and paternity leave at the national level is the Federal Family and Medical Leave Act (FMLA). This requires employers with 50 or more employees to provide:
- 12 weeks of job-protected, unpaid leave
- Continued health insurance benefits
- Reinstatement to the same or equivalent job after leave
To be eligible for FMLA leave an employee must:
- Have worked for their employer for at least 12 months
- Have logged at least 1,250 hours for that employer in the last 12 months
- Work at a location with 50+ employees within 75 miles
This federal protection applies equally to maternity and paternity situations. However, some state laws provide more extensive benefits.
State Maternity and Paternity Leave Laws
In addition to federal regulations, some states have implemented more generous maternity and paternity leave laws. For example, California, New Jersey, New York, and Washington all have additional regulations beyond federal requirements.
| State | Maternity/Paternity Leave Details |
|---|---|
| California | Up to 12 weeks job protection under California Family Rights Act. Paid family leave for 6-8 weeks. |
| New Jersey | Up to 12 weeks job protection. Paid family leave for 6 weeks. |
| New York | Up to 12 weeks job protection. Paid family leave for 10 weeks. |
| Washington | Up to 12-16 weeks job protection depending on company size. Paid family leave for 12-18 weeks. |
Some key things to note about state laws:
- Protections for job security beyond FMLA
- Requirements for paid leave, not just unpaid
- Longer durations of paid leave
- Wider range of company sizes required to comply
Eligibility Based on Type of Job
In addition to federal and state regulations, eligibility for maternity/paternity benefits depends greatly on the type of job you have.
Salaried Employees
If you are a full-time, salaried employee you are most likely to qualify for job-protected leave under FMLA or related state laws. Many companies also choose to provide paid parental leave for salaried staff as an additional benefit.
Hourly Employees
Eligibility for hourly workers varies more widely. Key factors are:
- Full-time vs part-time status
- Union membership
- State regulations
- Company parental leave policies
It’s important for hourly employees to understand their specific workplace rules and legal protections in their state.
Self-Employed and Contract Workers
Unfortunately those who are self-employed or work as independent contractors have very limited eligibility for maternity/paternity leave protections:
- No federal or state job security laws apply
- No requirement for employers to provide paid leave
- Must manage their own workload and schedules
However, some states such as California, New Jersey, New York and Rhode Island do allow self-employed persons to opt-in to paid family leave insurance programs.
Key Takeaways
Understanding exactly what maternity and paternity benefits you qualify for takes some research:
- Review federal FMLA requirements
- Check state laws for additional protections
- Understand leave policies at your workplace
- If self-employed, look into state paid leave programs
Every employment situation is unique, so reach out to HR, hiring managers or legal counsel to learn how much time off you can take. Being prepared and knowing your leave rights in advance will reduce stress as you welcome your new child.
We hope this overview gives you a good starting point to plan and make the most of your maternity or paternity leave!
Resources
For more information, please check out the following additional resources: