The amount of paid time off allowed for maternity leaves depends on the state of residence and on employers’ policies. The states of California and New York provide for minimum paid time off under states' short term disability laws. Additional paid time off may be provided by individuals’ employers. The Family and Medical Leave Act or FLMA also require time off for pregnancy leave.
Maternity Leave Disability under FMLA
FMLA is a federal law administered by the Department of Labor that provides 12 weeks of unpaid leave and the right to return to the same job. These 12 weeks are available to take care of family members, including a newborn child. Eligibility is based on all of the following conditions:
- The person has to work for an employer with 50 or more employees or for the government
- The length of employment has to be a minimum of 12 months
- The person has to have worked 1,250 hours in the last 12 months
- FMLA forms can be found at the Department of Labor at dol.gov/FMLA
California Maternity Leave Temporary Disability Forms
California is one of a few states requiring paid time off for pregnancy or maternity leave through short term disability. The program is called the Paid Family Leave benefits and provides for up to 6 weeks paid time off for maternity leave. Eligible employees can take this time to bond with a new born child, the child of a spouse or domestic partner.
If a person is already receiving Unemployment Insurance Benefits or Disability Insurance Benefits she/he is not eligible to receive paid family leave. The benefits payments range from $50 to $987 per week. Maternity leave forms can be found at the site for California Paid Family Leave edd.ca.gov/disability and in the Human Resources department at work.
New York Short Term Disability Forms for Maternity Leave
New York laws require employers provide time off for maternity leave with partial compensation. The time allowed under the New York Temporary Disability Insurance is 6 to 8 weeks. Complications from pregnancy as well as maternity leave are covered under the rules. Teachers and government employees are not covered under this insurance. Employees claiming temporary disability for maternity leave should file Form DB-450 obtained from the employer or at NY Workers Compensation Board, wcb.state.ny/disability. The maximum short term disability amount is $170 per week.
Tips for Getting Short Term Maternity Leave
- Private insurance companies sell short term disability insurance for pregnancy and maternity leave. This may be a good option for individuals not covered under States plans.
- Many employers offer their own short term maternity leave package. The Human Resources department is the best way to find out about this benefit.
- It’s recommended to take inventory of all time off allowed, including vacations, sick time, personal days off plus FMLA disability when preparing for maternity leave. Time off under various categories may be combined to spend more time with a child.
Other Financial Aid Articles:
Money for Persons with Disabilities
Financial Assistance for Diabetics
Resources: Public information at the following sites, current as of August 3, 2010.
NY Workers Compensation Board at wcb.state.ny/disability
CA Employment Development Department at edd.ca.gov/disability
US Department of Labor at dol.gov/FLMA
Sylvia Cruz - Sylvia holds Bachelor and Master degrees in Business Administration with majors in Finance and Accounting. She is also a CIA - Certified ...
