25 Years of FMLA: Going on Maternity Leave and Going Back to Work
Last year was the 25th anniversary of the passing of the Family Medical Leave Act. The Family Medical Leave Act (FMLA), gives job-protected, unpaid time off to employees to care for themselves or family members. If the company has more than 50 employees and you have been employed by the company for one year; you are entitled to have a job of the same or equal duties upon return. This was a MAJOR change in the law, as any time before that you weren’t guaranteed a job when you left to give birth. It was often assumed that a woman would not want to return to work anyway. FMLA guarantees 12 weeks of unpaid leave for anyone who has a child - by birth or adoption. Many companies do offer financial support at a reduced percentage of pay, usually for less than 12 weeks but this is not required by the law. This is why many women go back to work somewhere in the 6-8 week range. It’s hard to take an extra 4 weeks of unpaid leave, when you’ve only been getting 60% of your pay. I was very lucky to work somewhere that offered 10 weeks leave with 100% pay. I had the option to take the last two weeks, unpaid. However, I chose not to do this because the daycare we sent Lucas to costs the same amount as our monthly rent. Yup, the SAME amount. Even within those very fortunate circumstances, we had our limitations. I’ve since become really good at finding daycare solutions that are not that expensive but most mothers I knew were in the exact same boat.
I say all of this to say, I was very lucky. My job was covered by FMLA and I still received a normal paycheck. Single mothers, immigrant mothers, breadwinning mothers, teen mothers, and hundred or thousands of women don’t have the luxury of taking time away from work at all. I would love to say things are changing or trending toward better leave conditions but they aren’t. The federal bills introduced don’t look like they’ll pass. However, more and more states are mandating that employees are paid during leave and that is definitely progress. Along with the many things women have to consider when they get pregnant, employment comes pretty close to the top of the list, so below are a few things to help you prepare for your leave and prepare to return.
Going on Maternity Leave
Research Your Company’s Maternity Leave Policy.
Find out if you qualify for FMLA. If you qualify for FMLA - find out your company’s leave policy and how much you’ll be compensated. If you don’t quality for FMLA, when you talk to your employer about your pregnancy, ask about their expectations regarding having time off to give birth. Find out how much time your partner has for leave and decide if you should take time at the same time or stagger your leaves. If you don’t qualify for FMLA and your employer does not guarantee your job
Research Your Healthcare Policy.
Whether you or your partner is the policyholder, you’ll need to know how long you have to submit your child’s information. You’ll also want to check your deductibles and find out how much you may have to pay for the birth, before giving birth. You can cal the hospital and get estimates from the billing department. They can’t give you an exact cost but it may be helpful to know what you can expect.
Find out if you can get a free pump through your insurance company. If it isn’t free, find out if you can be reimbursed or if you can use your flexible spending account to purchase one.
Ask About Your Benefits.
If you have a flexible spending account, you can use the pretax money toward childcare. Look into the benefits of doing that versus the Child Care Tax Credit. If you have multiple children, you may be able to use both! If you don’t have savings or enough to cover this, consider taking out a small loan from your 401K. Consider all your financial options in paying for childcare/medical bills that won’t bankrupt your family or force you to work extra hours.
Childcare.
Start searching early, like beginning of your third trimester, early. Decide if you want a place close to work or close to home. Decide if you’d prefer a center or a home daycare. Ask people around you who have recently given birth if they have childcare recommendations. There is no rock I would leave unturned in the search. Take as many tours and go to as many open houses as you can possibly fit into your schedule. Don’t leave this for the month before you go back or the last few weeks before you start leave. You want to spend as little time as possible fretting over this during maternity leave.
Returning from Maternity Leave
Write Out Your Family’s Ideal Schedule.
Don’t expect perfection. Especially not the first week. It may be hectic, you may feel apprehensive or unprepared. Having an idea of what time you’ll need to wake up, have the baby dropped off at daycare, or expect your childcare provider to arrive, is a huge help. Be sure to incorporate tasks for yourself as well as your partner. I wrote things down like “take out clothes the night before” and “pack lunch and pump materials each night”. Each day may look different if you’re sharing the responsibility of drop-offs and pick up or you work from home on certain days.
Pumping.
If you don’t have your own office or know of a private place to pump, call your employer and ask them about it two weeks before your return. If they don’t have a solution at the time, this will give them time to come up with one. If they are not legally required to have a place to pump for you, let them know that you’ll be occupying the restroom/empty office/conference room twice a day for at least 20 minutes to pump. Letting them know you’ll need this ahead of time sets clear expectations and boundaries for you and them. It also removes the anxiety of needing to explain yourself.
Childcare.
Visit your childcare center or have your nanny over for a couple of half days before you start. This will ease your mind about your childcare choice. It will also give you a chance to introduce your baby to their new caretaker(s) before your leave ends. You should leave the baby with them and go grab a coffee, run a few errands, if you feel comfortable. This will help you get used to the idea of leaving your baby with them for an hour or two. Caregivers expect you to visit before you go on leave!
Adjust as Needed.
The change will be hard but you will adjust! Adjust your schedule or adjust your expectations, whatever it takes to make it work for you and your family. There is a lot of change and your return to work may not be exactly as you pictured. Stay honest with your partner about how you’re feeling about the changes and work out solutions to help you manage. But know that you are capable! Know that you have support and that you will make it through this change. If you feel like you’re struggling with your new responsibilities, reach out for help. Talk to your partner, friends, family members, or seek professional help for support!