A Guide to Your Maternity Rights Under the FMLA

Bringing children into the world is an incredible time in our lives. But when it comes to taking time off from work, the FMLA pregnancy guidelines can be complicated. It is important to know your rights when it comes to pregnancy leave. Not only for you and your family’s personal needs but also to ensure that your rights as an employee are being protected- and honored by your employer.

Here are important FMLA guidelines for pregnancy, and some of the most common questions Florida employees ask:

You also have the right not to be harassed because you are pregnant. This includes harassment from your boss or other management, other employers, or even customers. Types of harassment pregnant women could experience include frequent insults, offensive jokes, or even physical threats.

The FMLA pregnancy guidelines give you up to 12 weeks of leave per year for pregnancy and taking care of your child. When you come back to work, you have the right to go back to an equivalent position to the one you had before you took time off -with the virtually identical pay, benefits, and any other perks.

The FMLA covers leave required by a family member to take care of another family member, such as caring for a pregnant daughter, only under certain circumstances. The daughter must be incapable of self-care due to a disability — and a parent must be needed to take care of her due to a serious health condition. Certain pregnancy-related issues may be classified as a disability if they substantially limit a significant life activity. The fact your daughter is pregnant standing alone will not necessarily trigger the protections of the FMLA. On a related issue- caring for the newborn after she delivers (grandparent leave) is not strictly covered under the FMLA but there are exceptions if you are the primary caretaker for the child essentially standing in the shoes of a parent or your assistance with the child is in effect an extension of caring for your own child. These are complicated issues and you should not assume as a grandparent the entitlement to leave is a clear cut issue.

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