Planning Parental Leave: FMLA Basics and Questions to Ask

Key takeaways: The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for eligible employees. Not everyone qualifies. Paid leave depends on your state and employer. Start planning during pregnancy.

Time at home after a baby’s birth supports recovery, feeding, and bonding. Understanding your options early makes planning easier. This post covers general information; check with your employer’s HR department and your state for details that apply to you. This isn’t legal advice.

The Federal Family and Medical Leave Act (FMLA)

FMLA provides eligible employees with up to 12 workweeks of unpaid, job-protected leave in a 12-month period for reasons that include the birth of a child and bonding with a newborn, adoption, or foster placement. During FMLA leave, your employer must keep your group health coverage on the same terms.

You’re generally eligible if:

• You work for a covered employer (private employers with 50 or more employees, and public agencies and schools regardless of size).
• You’ve worked for the employer for at least 12 months.
• You’ve worked at least 1,250 hours in the past 12 months.
• You work at a location where the employer has at least 50 employees within 75 miles.

Both parents can take FMLA leave if each is eligible, though spouses working for the same employer may have their combined bonding leave limited. Bonding leave must be taken within 12 months of the birth.

Paid Leave

FMLA is unpaid. Pay during leave may come from:

• State paid family leave programs. A growing number of states have them; rules vary.
• Employer paid parental leave.
• Short-term disability insurance, which often covers the birthing parent’s recovery period.
• Accrued sick or vacation time.

Questions to Ask Your Employer

• Am I eligible for FMLA?
• Do you offer paid parental leave? How long, and for which parents?
• Do I have short-term disability coverage?
• How much notice do you need? (FMLA generally requires 30 days’ notice when leave is foreseeable.)
• Can I return part-time or gradually?
• What lactation accommodations are available? (The federal PUMP Act protects break time and a private space to pump for most employees.)

Other Protections

• The Pregnant Workers Fairness Act requires many employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions.
• Your state may have additional protections.

Planning Tips

• Talk with HR early in pregnancy.
• Get leave plans in writing.
• Plan your budget for unpaid weeks.
• Consider staggering leave with a partner to extend time at home.

The Bottom Line

FMLA offers up to 12 weeks of unpaid, job-protected leave for eligible employees. Paid leave depends on your state and employer. Start planning early and ask questions.

Want more support for your baby’s first year? My book, From First Breath to First Birthday, is available on Amazon.

Related Articles

• Breastfeeding in Public: Your Rights
• Adding Your Newborn to Health Insurance: Deadlines Not to Miss
• Single Parenting a Newborn
• Cord Blood Banking: Public vs. Private

Sources

1. US Department of Labor, Wage and Hour Division. Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fmla
2. US Department of Labor. Fact Sheet #28: The Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fact-sheets/28-fmla
3. US Department of Labor. Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work. https://www.dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers
4. US Equal Employment Opportunity Commission. What you should know about the Pregnant Workers Fairness Act. https://www.eeoc.gov

This article is for general education and is not a substitute for individualized medical advice. Always talk with your baby’s health care provider or your own provider about your specific situation. If you think your baby or you may have a medical emergency, call 911.