Maternity Leave: Why You Need It, Your Rights & How To Make The Transition Easier

Pregnancy is an exciting time and there are lots of days ahead to look forward to, but it undoubtedly presents a new set of challenges and lots of women find one thing, in particular, hanging over their heads - talking to their employer about maternity leave.

Unfortunately, facing pregnancy and postpartum in the workplace is still something that’s a big worry. Many women fear they won’t be given adequate support during their pregnancy, during maternity leave, and when going back to work after baby is born.

We’re here to support you in every way we can, so today, we’re sharing everything you need to know about maternity leave in the US & the UK, as well as some tips about how to make your transition into maternity leave a little easier — on you and your employer.

Maternity leave: the beginning & why it’s needed

Ok, we’re throwing it back a little so we can understand just how today’s maternity leave practices came to be. Talks of maternity leave began back in 1919 when the International Labour Office created the Maternity Protection Convention which became the framework to protect women before and after giving birth. Since then, it has been implemented worldwide.

There are plenty of benefits to paid maternity leave and studies show it has been linked to improved mood in women and lower rates of postpartum depression, stress, and anxiety. Plus, babies also get benefits from maternity leave too! The same study shows that paid maternity leave has been connected to improved bonding child development, which influences the development of attachment, empathy, and subsequent academic success in the child. All good stuff, but actually taking maternity leave (and relaxing once you do) is easier said than done. 

Maternity leave in the US

The maternity leave laws in the US are still developing, and in general, women working in the US are not guaranteed any maternity leave benefit payments from the federal government. Most women in the US rely on the Family Medical Leave Act (FMLA), which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. However, the FMLA only protects you if you work at a company with more than 50 employees and you have worked there for at least a year, so there are many expectant mothers who don’t qualify for this protection. Studies have found that 1 in 4 new mothers who were ineligible for maternity leave went back to work within 10 days of giving birth.

Laws can also vary by state. For example, some states have disability laws that cover a woman’s wages during pregnancy and the birth of their child. It’s important to inform yourself of what your state’s policies are. There are also differences between State employee benefits (public sector) and Private sector employee benefits - so make sure you’re looking for policies that apply to your working situation.

Workplace Level policies. Before you worry too much about governmental laws, find the maternity leave policy for your workplace (which should be included in an employee handbook or part of your contract) and read it fully. If you have any questions, it might be a good time to tell your HR Coordinator and request that they keep your news confidential until you’re ready to share it with your employer and colleagues. It’s also a good idea for you and your partner to read up on Paternity Leave policies. Most people are eligible for up to two weeks of unpaid paternity leave once baby is born.

Make sure you have thoroughly done your research and know your rights and responsibilities before you speak to your employer to make sure you’re protected and receive what you’re entitled to.

Maternity leave in the UK

In the UK, Statutory Maternity Leave is 52 weeks and is broken into two parts: ordinary maternity leave, the first 26 weeks, and additional maternity leave, the last 26 weeks. Women are not required to take full maternity leave but must take at least 2 weeks off after baby is born.

Statutory Maternity Pay in the UK is paid for up to 39 weeks, with women receiving 90% of their average weekly earnings (before tax) for the first 6 weeks plus £156.66 or 90% of their average weekly earnings (whichever is lower) for the next 33 weeks.

Remember, your employer may have different maternity leave and pay policies. As a minimum, these will meet the statutory requirements, but they may offer additional pay and benefits. If you have any questions, it might be a good time to tell your HR Coordinator and request that they keep your news confidential until you’re ready to share it with your employer and colleagues.

Tips to ease your transition back to the workplace 

From being inseparable with your newborn to spending less time with them because of work can cause overwhelming feelings, especially when you don’t feel prepared for the transition. Here’s what you can do that might make your transition into and out of maternity smoother: 

• Find out about your benefits. Talk to HR or have a look through your employee handbook to find out what accommodations may be available before, during, and after maternity leave. This could be time off to attend antenatal appointments, childcare, or time to breastfeed/pump.

• Set expectations ahead of time. It’s good to have conversations about what maternity leave will look like for you so that you and your employer are on the same page. Before you head off, make a clear plan with your employer if and when you will check in during maternity leave.

• It’s OK to ask for flexibility. Things might not always go as planned, but talking to your employer when things go astray will leave you feeling less anxious and make the transition smoother for everyone.  

These conversations can be the catalyst for a much more open and honest discussion over such vital topics. It may also be the beginning of them expanding their workplace benefits. 

We want to know: Did you feel comfortable speaking to your employer about maternity leave? What was your transition back to work like? Share any questions or advice for other women in the comments below!

---