Coming in Summer 2014... Babygate, a book that tells you what you really need to know about pregnancy and parenting in the American workplace.
How well do you know your rights? Take our Pop Quiz about Leave to find out
True or False
- In 2008, 16 percent of employees were offered six-weeks of fully paid maternity leaves, up from just 10 percent a decade ago.
- Depending on which state you live in, you can get about $1,000 a week in benefits while on leave—or nothing.
- About 60 percent of U.S. workers are covered by the Family and Medical Leave Act (FMLA).
- Employers covered by the FMLA are not required to tell you about your options. It is your responsibility to know your rights.
- In businesses that are covered by the FMLA, every full-time employee meeting the requirements is entitled to his or her job back regardless of title or salary.
- If you take FMLA leave, but ultimately decide to stay home with your baby and not return to your position, you may have to refund your employer the cost of your medical benefits.
- A same-sex partner cannot take FMLA leave for a new baby even if the couple is legally married because of the Defense of Marriage Act (DOMA).
- Twenty states and the District of Columbia have laws that mirror the FMLA or expand on its protections.
- False. The 16 percent figure is actually down from 27 percent, according to the Families and Work Institute.
- True. Location, location, location. Benefits vary by state.
- True. However, 78 percent of workers who need leave don’t take it because they can’t afford to, according to the National Partnership for Women and Families
- False. They have to post about the law conspicuously and put it in any employee handbooks or otherwise distribute it to any new employees.
- False. If you are a “key employee,” defined as the top 10 percent of employees based on salary, you are not guaranteed your job back after taking FMLA leave. A CEO can be let go because she takes maternity leave under the FMLA.
- True. Even if you do return to work, but then decide to quitwithin thirty days, your employer can reclaim from you all the money it spent on your health insurance premiums while you were out on leave.
- False. A LGBT partner can take FMLA leave to care for a newborn or seriously ill child even if she/he is not legally or biologically related to the child. The Department of Labor recently clarified that an LGBT parent who is raising a child is eligible to take FMLA leave to bond with or care for that child. So as long as the partner plays the role of a parent to the child, she/he can take FMLA leave to care for him or her.
- False. Just 10 states and DC provide laws for unpaid time off.
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