how do maternity benefits work in USA?

I'm coming down from Canada :! so we have two totally different systems. When you have a baby here, you get 1 year maternity leave. The employer must hold your position for you. The government pays you umemployment for 8 of those 12 months, and if you have a good company they top it up, and pay for the other 4 months. So most take the full year here, then most go back to work. Work another year, then do it again.

I know it's not the same set up in the US. Hubby has no clue what it is though. I guess being a guy and not having been ready to start a family he's never thought about it or asked before Once of his cousins had a daughter once and said it was 6 weeks and 8 for a C section?? But another cousin said it was 3 months usually.

Does it differ by state? Can you extend the weeks? What is the standard government benefit? Is there one? Do you get unemployment while on maternity leave? Does the employer have to hold your position?

Can someone please give me a brief rundown?

thank you

Don't hold me to it, but I think the FMLA (family medical leave act?) applies. I think FMLA allows for 12 weeks of family and medical leave per year (with some other conditions like size of company and minimum of 12 months employed there). The 6 weeks/8 weeks sounds about right for the medical part of leave. My company gave me six weeks, paid by short term disability, then an additional 6 weeks no pay (you can use sick and vacation time depending on how your employer does those). That additional time off would be "family" leave, I think. My employer was very generous -- my job would be held for 6 months, and then I would have a "like" position for the next 6 months after that. Not everyone does that.

Here's more:
http://www.babycenter.com/refcap/pregna ... k/449.html

It depends on the company, mostly. There are different requirements based on the number of employees.

We've only had FMLA for around a decade, so lots of it is still being hammered out. I dont' think the employer is compensated if that's what you mean by government benifit.

Most places offer 4-6 weeks maternity leave for the mother. Dads usually wind up taking personal days. It can be paid, unpaid, or you can use your vacation/ disability/personal days.

A good way to do it is for you to take your paid time, and then have Daddy take his paid time. Oh wait, I forgot where I was. Try to plan the delivery around school breaks

[fluffhead]

Many universities and other progressive employers offer paternity leave - it's frequently unpaid.
I know the male residents here take a week or two after the wife's leave runs out.

[Rapunzel]

My husband's program offers 12 weeks maternity AND paternity leave - but it's unpaid.

Jennifer

[HeartRN]

I was out for 8 weeks, but I had to cover my own pay with paid time off I had accrued, plus short term disability. The bummer was, I could have taken more time, but I had to use it BEFORE she was born because I was on bed rest. :|

[Vanquisher]

As far as I know there is a law called the Family Medical Leave Act. It allows you to take up to 12 weeks in a year for medical issues, including maternity and paternity leave, in which a job must hold your position. However, they are not required to pay you at all for the time off.

Also some some companies will grant you vacation and sick time, but when I took FMLA, that came out of my 12 weeks, and I was paid for the first few weeks of leave, but not subsequently, and my leave did not exceed 12 weeks.

It depends on how flexible your employer is, but 12 weeks is the norm.

[SuzySunshine]

I agree, the FMLA is 12 weeks. They are required to hold your job that long if the company has more than 50 employees. Most will pay you until you run out of vacation or sick time and then the rest is unpaid. Every company is a little different though. Good luck!

[DCJenn]

Actually, they aren't required to hold YOUR job, just one of equal pay and benefits. (now, most companies do hold your job, but they don't have to!)

Some companies are generous enough to allow you to use your vacation and then sick etc before starting the FMLA, but none that I've ever worked for- it's FMLA and you use up your leave balances if you want to be paid at all. Very few American companies offer paid maternity or paternity leave. The military gives 6 weeks off for female residents and 1 week off for male residents- period. (you can use leave (if approved by the commanding officer) and sometimes they can work in an elective during the appropriate month but you still need to prove that you're 'working' during the elective month. Most people call it "research".)

Jenn

12 weeks!!!!! We have 22 weeks paid maternity leave, we're so spoilt!! Crinky, must tell SO that we won't be having any babies in the US!!! I was hospitalised for 22 weeks with DS, which was covered by sick leave. I had hyperemesis, emergency surgery, acute renal failure, premature rupture of membranes, diabetes and bells palsy during my pregnancy, I'd be unlucky if I got all the same stuff a second time round but the hyperemesis and renal failure and surgery is what kept me out of work for the 22 weeks. THe hyperemesis I was told by a specialist in London has a 97% chance of reappearing in subsequent pregnancies so I'm likely to be out again, If I was to become pregnant while we are living in the US (no plans, 2 1/2 years on I'm still not ready to go through all that again) would I loose my job??

[Vanquisher]

12 weeks!!!!! We have 22 weeks paid maternity leave, we're so spoilt!! Crinky, must tell SO that we won't be having any babies in the US!!! I was hospitalised for 22 weeks with DS, which was covered by sick leave. I had hyperemesis, emergency surgery, acute renal failure, premature rupture of membranes, diabetes and bells palsy during my pregnancy, I'd be unlucky if I got all the same stuff a second time round but the hyperemesis and renal failure and surgery is what kept me out of work for the 22 weeks. THe hyperemesis I was told by a specialist in London has a 97% chance of reappearing in subsequent pregnancies so I'm likely to be out again, If I was to become pregnant while we are living in the US (no plans, 2 1/2 years on I'm still not ready to go through all that again) would I loose my job??

As someone who has had hyperemesis twice, I would say it is a guarantee you will get it again. I will never be pregnant again.

Yes, you could lose your job. Employers are not required to give a shit.

[SuzySunshine]

Yeh, unfortunately 12 weeks is all you get under the FMLA. For maternity leave they're only required to give you six weeks but if your employer qualifies you can take an additional six weeks un-paid or use vacation if your employer allows.

Every employer is a little bit different. I will be able to use short term disability for the first six weeks (which I've paid for) and then can take another six weeks of either unpaid or use my sick/vacation time if I have any.

Not all employers are large enough to have to follor the FMLA either. Such is the US! 8)

[Cumberland]

I just wanted to emphasized that FMLA only holds your job for you- it has nothing to do with your salary. I am out on FMLA right now. I am using my built up sick leave to get a paycheck, but it is probably going to run out before I go back.

If for example, this was your second baby, and you had already taken several sick days and vacation days, then you theoretically could have maybe one or two weeks of paid leave, that is it.


It is really a very lame system compared to other countries.

I'm sure this has been said, but FMLA is only guaranteeing UNPAID leave. The employer HAS to pay you NOTHING (some choose to pay - and we like those places). Mine was covered by temp-disability coverage that I had paid into (and signed up for before being pregnant) and I got 60% of my salary for 6 weeks. The additional time I stayed out was unpaid.

How is maternity leave handeled in the US? Poorly.

[Vishenka69]

If you have health complications that require hospitalization, you could go on short-term disability for up to 6 months. Your employer has to hold a similar job for you (but you won't get paid beyond 12 weeks). After 6 months it becomes long-term disability and then you could get fired and loose your medical benefits. I think technically at that point you qualify to apply for federal disability benefits.