Friday, October 5, 2012

Leaving out the Mothers - U.S Maternity Leave

Since my pregnancy was planned, I had ample time to research my options regarding maternity leave, paternity leave, breastfeeding in the work place and taking time off for prenatal care.  I also found that many people are either ignorant on this topic because it does not apply to them, or believe that everyone is guaranteed something, because some law must protect them while being pregnant.  In the United States that is just not true. 

I took the job that I have with a small company in June of 2011.  I knew I had health insurance, even though this was also in questions two weeks prior to my first prenatal appointment.  There is no HR department, so I didn't know if I had any other benefits or disability pay.  The company has fewer than 50 employees, this is important.  I had decided that I was going to prepare for the worse and save money to survive as if my husband and I were both out of work.  I knew that waiting for a reply from my company would come at a time that was too late to make any real decisions, specially because I wasn't about to tell them I was pregnant the moment I saw the two pink lines.

According to Expecting Better, a State-by-State analysis of Laws that helps new parents, Pennsylvania is given a "D" in the support that new parents receive from the laws that are in place.  Here is the very minimal, simple description of what Pennsylvania has to offer:

Private Sector Workers
Pennsylvania law does not expand upon federal rights or protections for new and expecting parents
who work in the private sector.
State Workers
Job-Protected Family and Medical Leave
Commonwealth workers have access to longer parental and pregnancy disability leave under public sector regulations than under the federal FMLA. Permanent management workers, non-represented workers and some workers covered by collective bargaining agreements are entitled to six months of either parental leave or pregnancy disability leave, provided they meet the federal FMLA eligibility requirements.216 All other permanent workers are entitled to six months of parental leave and another six months of pregnancy disability leave, regardless of tenure or hours worked.217 In addition to the parental and pregnancy disability leave discussed above, commonwealth workers also have greater access to family caregiving leave under public sector regulations than under the federal FMLA, and some have access to a longer leave for family caregiving. Permanent management workers, non-represented workers and some workers covered by collective bargaining agreements are eligible for up to six months of leave to care for a family member with a serious health condition, including a pregnancy-related disability, provided they meet the federal FMLA eligibility requirements.218 All other permanent workers need only have been employed for one year or more to
qualify for up to 12 weeks of such leave.219

Just to our right in New Jersey, they are rated "A-" and offer much more to their employees statewide, but oh well we aren't from Jersey, we are from the great Commonwealth of Pa.

Prenatal Care

If you are pregnant, or have been pregnant in the past you know how much time is spent receiving care.  You go once a month for a while, then switch to every two weeks, then at the end you are going once a week.  This isn't including the appointments that are scheduled outside or this, blood work, ultrasound, additional testings.  Most of the people who provide these services are open short hours, that usually are the same hours that you work.  You would need to take time off to attend these appointments.  The Pennsylvania Human Relation Act has to be followed by any employer with more than 4 employees.  This act states that an employer can not treat a pregnant employee any different than a non-pregnant employee.  If your employer allows time off for doctors appointments for the other employees then they must allow you to attend your treatment.

Maternity Leave
Most individuals believe that they are guaranteed maternity leave.  I have had numerous people tell me not to quit my job so I can "cash" in on the benefits.  Well I am here to tell you that that statement is just not true.  There is FMLA laws in place that will hold your job for 12 weeks while on leave.  This is unpaid leave and is only required to be offered if your employer has over 50 employees.  There are companies that do pay you when you go on maternity leave, just not nearly as many as people think.  In fact, reports say only about 11% of private sector employees and 17% of public sector employees have a form of paid maternity leave.  What is sad is that the U.S has awful maternity leave benefits compared to that of other countries.  We are 1 of 3 nations that does not provide any paid leave to our mothers.
http://thinkprogress.org/wp-content/uploads/2012/05/Maternity-leave-chart-final.png

Now I know these numbers come with requirements that I have not looked into, but just looking at this infographic, women of America should feel cheated.  Pakistan gets 12 weeks of paid maternity leave!  What makes this worse is that almost 50% of families have two full time working parents and 26% of families are single parents households.  In Jordan, mothers are given 10 weeks of paid maternity leave, when they return to work they are given 1 hour of time exclusively for pumping milk, if they choose, they can take 1 year unpaid leave and retain their job.  I have defended my husband's country to tons of people who try to say that they oppress women.  Frankly after visiting, I think they respect their women far more than that of United States of America.

Our children are getting a great diservice from the lack of leave American mothers are receiving.  The optimal time for a child to have exclusive care from it's mother is 40 weeks.  With mothers in America are going back to work after just 12 weeks their infants are automatically given a worse chance of being healthy and happy:
  • Mothers are less likely to meet schedules for doctors visits and immunizations
  • They are less likely to be breastfed
  • More likely to have behavioral problems
  • More likely to have lower cognitive test score at age 4
So all in all our maternity leave policies in this country are below any standard that there is.  

Breastfeeding while at work
You used up your 12 weeks of unpaid leave and now you have to go back to work.  How will your baby eat?  If you choose to pump at work there are laws that protect this right, just not if you live in Pennsylvania.  President Obama did sign the Patient Protection and Affordable Care Act that require an employer to provide reasonable break time for an employee to express breast milk for one year after the child's birth.  There must be a place, other than a bathroom, for which this employee would be able to express milk.  Of course though, if these laws impose undue hardship to employers with fewer than 50 employees, the employer is not subject to these requirements.  Since I know the owners of my company will not erect a room for me to pump at work, this law doesn't apply to me.  If I return to work, I will be pumping while sitting on a toilet of a nasty bathroom.

Paternity Leave
If our maternity laws are this bad, I bet you have a guess what the paternity laws are like.  Here is a nice little break down of what we offer our dads.  The United States, of course, does not offer any guaranteed paternity leave.  Fathers are covered under FMLA if they work for a company with larger than 50 employees, but again FMLA is unpaid leave.  

I am still waiting on my employer to decide what he is going to do with me. I am the first pregnant employee they have had and at a small company that could be good or bad, so we will wait and see.  Are you surprised by the maternity laws surrounding mothers in the U.S?


10 comments:

  1. I guess I feel it's pretty standard now. You either go to work within the amount of time or you become a SAHM. Maybe our laws should be changed now that almost all women are in the workforce, it seems like they're written for the times when it was rare for a woman to work.

    If all else fails move to Canada. ;)

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  2. It is so disappointing that the U.S. is so far from where they need to be regarding the interest of new mothers and their children, all parents really. Hopefully we'll see a change by the time our children are having children.

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  3. My job uses short term disability for maternity leave. I had to cover the first 2 weeks with my own time; the next 4 were short term disability. Did you know that in Massachusetts, you get 8 weeks leave per birth? That eans if you have twins, like I did, you get 16 weeks, because you gave birth twice. I wish I lived in Massachusetts.

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  4. Our maternity leave in the US is disgusting, makes me want to move to Canada.

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  5. It always appalls me that maternity/paternity leave in our country is worse than many other countries all over the world where you would expect much less. My state gets a C so I'm not doing too much better than you. Luckily, my company is larger so I get 12 weeks FMLA and they are required to keep my job (or an equivalent). However, any pay that I receive while on leave has to come from my sick and vacation time that I've been saving. Once that is used up, not only do I not have any benefit time to go back to but I'm taking the remainder of my leave completely unpaid. I wish I had an option for short term disability but that wasn't available. Since we also planned ahead for our baby, I'll be taking the full 12 weeks and we'll budget accordingly because I feel it is such an important time for mom to be with baby. I wish we had better options!!

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  6. I am not surprised by the USA's leave policies. Nor do I think those policies indicate a lack of respect for women. Leave is about parents, not about women -- there *is* a difference. Actually, I think the fact that the USA has equivalent leave policies for women and men indicates respect for women, as opposed to countries who give much more generous leave to the mother, which means that women will likely end up taking on more of the child care responsibilities.

    Anyway, yes, the government-enforced leave for both women and men is meager compared to other countries, but as I said, that doesn't surprise me. The money for parental leave has to come from somewhere. For example, in Canada, workers pay into Employment Insurance, which covers parental leave, among other things. In effect, everyone who pays into EI ends up subsidizing those who choose to become parents. Americans don't like government telling them how to spend their money, *especially* when it involves spending it on other people...

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  7. This sickens and saddens me! By no means do I want to get political, but if all these pro-life people cared as much about babies AFTER they were born... The situation is utterly rediculous!

    I do not have children yet, but I had to make a conscious decision to move somewhere where motherhood is respected and children are practically revered. In Germany you are actually required to take the 6 weeks prior to your due date off (paid of course). They then proceed to pay you 67% of your salary over the next year. Your partner can also take off two months paid during this first year. You also have the option to take off up to 3 years (unpaid after the first) and still be guaranteed your job when you return! Amazing .... In addition, there is something called "kindergeld" which literally translates to child money. For every child you have you get €184 ($240) every month until they are 18. 23 if they go to college.

    So while the weather here sucks, it's a great place to have and raise kids! Thankfully there's that 6 weeks of vacations part so we can go somewhere warm part of the year :)

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  8. *because I cannot edit my previous post*

    I hope I didn't offend by leading with a pro-choice comment. That was not my intent. I just find it maddening the lack of support given to mothers, children, families, etc... after a child is born. It's not right and we are doing a huge disservice to our future by not investing in our present.

    *and because misspelling is a pet peeve of mine, it should be "ridiculous".

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  9. Thankfully I was able to afford to take off 10 weeks (mainly because of FMLA and the fact that my son was born Jan 16 and we had a tax return that helped to pay the bills). He was sleeping for about 6 hours at night at this point and it was "do-able", but it certainly isn't for every baby or mom. If you want to breastfeed, the best thing I can tell you is to get sun-shades for your car or have an open honest discussion with your boss/employer. You may be the first one pregnant while working for the company, but you're not the only mom...and mom's help other moms, they know how hard it is. My goal when I went back to work was to make it 6 months breastfeeding my son, He's now almost 9 months and I'm hopeful we'll make it his first year. I think it would be wonderful if the U.S. was a little more supportive of breastfeeding mothers, and mothers in general, however, I believe life is what you make it, and you're smart Sammy, you'll figure it out :) If you want to talk more about going back to work and continuing to breastfeed, msg me on facebook...all my friends who had babies didn't go back to work so I was kind of stabbing in the dark...

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