Maternity Leave Laws: Guideline #3
FMLA maternity leave
When an employee becomes pregnant, her employer must also consider her right to take FMLA leave.
To qualify for FMLA leave, an employee must have worked for the same employer for at least 12 months (not necessarily continuously) and clocked at least 1,250 hours of service (slightly more than 24 hours per week) during the 12 months leading up to FMLA leave.
Any organization with 50 or more employees working within a 75-mile radius of the work site must comply with the FMLA.
Maternity Leave Laws: Guideline #4
Reasonable accommodation under the ADA
A normal pregnancy is not considered a disability under the Americans with Disabilities Act (ADA).
But if a woman experiences pregnancy complications that substantially limit a major life activity, she may be considered disabled under the ADA and, therefore, entitled to reasonable accommodation to perform her job.
Example: If a new mother is still unable to return to work after exhausting her 12 weeks of FMLA maternity leave, you should evaluate her condition under the ADA to determine whether additional pregnancy disability leave is a reasonable accommodation for her. (Also, be sure to check state maternity leave laws because some states provide more than 12 weeks of parental leave.)
All employers that have 15 or more employees must comply with the ADA.