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.
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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:
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.
