Federal Law

• Federal law under the FMLA allows eligible employees to take 12 weeks of unpaid medical leave for a variety of situations, including an employee's health condition, the health condition of a spouse or the birth or adoption of a child. In certain cases, FMLA allows for the medical leave to be taken on an intermittent or part-time basis, instead of all at once. The law gives the employee the right to return to the same employment position or another equal position at an equivalent rate of pay. Employers cannot reduce benefits accrued before the leave began.
  
  

Income

• FMLA provides only for un-paid leave. However, many employers allow for the use of paid sick leave and paid vacation prior to using the un-paid medical leave. In addition, certain employees in many states may be covered by short-term disability policies that allow for the payment of a certain portion of income for a predetermined number of weeks, according to the American Pregnancy Association. Several states have enacted state regulations that go above and beyond what is covered on the federal level. For example, California enacted paid family leave in 2002. Washington state allows for additional pregnancy disability leave that can be authorized by a health care provider. Many employers also go above and beyond what the law requires in both the payment and leave granted to pregnant women and spouses.
  
  

Medical Benefits

• Employers are required to maintain health benefits for employees on FMLA leave. The employee is responsible for the portion of the premium she was paying before taking leave. If the employee fails to return to work for reasons other than medical, the employer may take action to recover its share of the health benefit premiums.
  
  

Advance Notice

• The employee must give advance notice to the employer in regards to taking a medical leave. The employer has the right under FMLA to require documentation that shows the pregnant employee is no longer able to work. If notice is not given, there may be a delay in the start of medical leave. The employer has the right to demand documentation that the employee is medically able to return to work.
  
  

Covered Employers

• Employers with 50 or more employees that work 20 weeks a year are required by FMLA to provide unpaid medical leave to eligible employees. The law requires all public agencies, regardless of size, to provide FMLA leave. Public and private schools must also comply with FMLA leave without regard to how many employees are employed during the year.