What Maternity Benefits am I Entitled to?

Childbirth should be an exciting time for pregnant women and their families. Federal and state laws provide new parents with maternity benefits and protections.

Federal and state laws protect pregnant employees and newborn mothers in some of the following ways:

• Maternity leave
• Job security
• Protect employees from pregnancy discrimination and maternity leave discrimination
• Family leave insurance

Maternity Benefits

The federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to leave for specific family or medical reasons. This federal law provides eligible employees unpaid, job-protected leave for up to 12 weeks. New parents with newborns may take leave under the FMLA.

Under the New Jersey Family Leave Act (NJFLA), eligible employees may also take up to 12 weeks additional leave after their child is born to take care of the newborn child.

Employees with newborn children may combine the 12 weeks of leave under the FMLA and the 12 weeks of leave under the NJFLA for a total of 24 weeks of leave to care for their newborn. Upon return to work, the employees are entitled to their previous position without demotion or salary reduction. If the position is no longer available, the employer must offer the employee a position similar in salary, benefits, and status.

Additionally, the Family Leave Insurance provision of the New Jersey Temporary Disability Benefits Law grants eligible employees with an additional 6 weeks of benefits while taking care of a newborn or newly adopted child. This insurance allows new mothers to care for their newborns or new children by providing these employees with wage replacement benefits for a limited period of time.

Further, the New Jersey Law Against Discrimination (NJLAD) protects pregnant employees and new mothers from pregnancy discrimination and maternity leave discrimination. Examples of maternity leave discrimination include:

• Refusing maternity leave
• Terminating an employee who recently had a child
• Demoting an employee who recently had a child

New Jersey Maternity Leave Attorneys At McOmber McOmber & Luber, P.C. The birth of your child should be a beautiful time for you and your family. You should know the maternity benefits you are entitled to. If you have experienced maternity leave discrimination or pregnancy discrimination, we are here for you.