Many working women can take maternity leave to give birth and bond with their new child under the federal Family Medical Leave Act (FMLA). But the FMLA is just job protection, it doesn’t provide income to replace lost wages. So how do pregnant women get paid during maternity leave? This article shows you how.
Depending on the mother’s work history and medical condition, she may access three different types of income benefits.
Benefit #1: Income for a regular delivery without complications
Benefit #2: Income for bonding with a new child after the delivery
Benefit #3: Income for disabling complications related to pregnancy
Let’s illustrate the benefits above with a worker in California.
Benefits #1: In California, workers get paid State Disability Insurance for up to four weeks before and up to six weeks after the delivery. For Cesarian section, add another two weeks after delivery. That’s a total of ten to twelve weeks under Benefit #1.
Benefits #2: When Benefit #1 ends, the mother may qualify for wage replacement when she takes leave to bond with the child. In California, it is called Paid Family Leave and lasts up to 8 weeks. Note that the mother doesn’t have to be disabled to get Benefit #2. She is getting paid to bond with the child, not for disability.
Benefit #3: If the mother is disabled due to complications, she may extend her disability period. For example, Mary works in California. She takes four weeks off before the delivery, then six weeks after the delivery, for a total of ten weeks of leave. However, at the end of the 10th week, she remains disabled due to postpartum depression. Her doctor certifies her for another 5 weeks of disability leave. At the end of the 15th week, she then takes Paid Family Leave to bond with the child.
State Disability Insurance and Paid Family Leave are not government assistance. Workers pay into them through payroll deductions. If you work in the following states, ask your employer about your right to get paid Benefits 1, 2, and 3 during maternity leave. Click on the link to go to state agency’s website to learn more.
State Disability Insurance and Paid Family Leave are the names used by the State of California. Other states use their own terminologies. Regardless of the terms they use, the key is to find out your rights to income for a regular delivery, bonding, and complications (that’s the 1, 2, 3!)
If your state does not provide income benefits for maternity leave, check with your employer to see if you have Employer Sponsored Short-Term Disability coverage. It is a commercial group insurance and part of your employee benefits. It normally covers pregnancy.
Remember: income benefit is not job protection. You may need to apply for job protection separately. Confer with your employer on how to activate your job protection.
Let me know if you’d like me to cover any specific states!
Andy Chu, Esq. 
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