Know Before You Go

Believe it or not, there's no national law requiring employers to offer any paid maternity leave. But there are laws guaranteeing time off. Know what you're entitled to.

By JJ Ramberg and Jen Rogers

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Family and Medical Leave Act

This national law entitles new parents (yes, both moms and dads) to up to 12 weeks of unpaid leave to recuperate and care for their new baby.

Who qualifies

Anyone who's been at her job for more than a year and isn't a "key" employee (defined as someone within the highest-paid 10 percent of employees living within 75 miles of the office). But be aware that if your company employs fewer than 50 people, it does not have to offer this benefit.

What your rights are

If you're not a key employee, the company must protect your job (or have a similar one waiting for you) and continue your health insurance. The 12 weeks do not need to be taken consecutively (just within a 12-month period), and you can opt to start them before your baby is born. If you live in California or Washington State, you're in luck—they're the only two states that legally require that you be paid for at least a portion of your parental leave.

Short Term Disability

You can use this insurance to cover all or part of your salary while you're on maternity leave.

Who qualifies:

Five states—Hawaii, California, New Jersey, New York, and Rhode Island—require employers to offer short-term-disability benefits, and many companies and unions in other states also include them in their packages.

What your rights are:

Benefits vary, but packages typically offer six to eight weeks off, depending on whether you have a C-section or a vaginal delivery. There's no standard pay rate during your time off; while some policies offer 100 percent of your salary, others pay just a percentage.

How to Extend Your Time

Talk to your human-resources department to see what your options and rights are. Consider cobbling together vacation time, sick days, and personal days to create a "paid" parental leave. You can also ask your employer about the option of working part-time or from home.

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