No matter how dedicated and loyal your staff is, at some point or another, they will need to take leave. Leave can come in many forms, including vacation leave, sick leave and, in the case of new (or soon-to-be new) mothers, maternity leave. But what are the maternity leave laws in Florida? What rights do employees in The Sunshine State have and what are your obligations as an employer?
In today’s post, we will explore all these questions and more. We will also share some practical tips to help you create and implement a maternity leave policy that not only complies with these laws but also supports your employees during this crucial time in their lives.
What Is Maternity Leave?
Maternity leave refers to a period of employee absence when a new mother stops working because she is about to give birth, has just given birth, or has adopted a child. Mothers can use this time to bond with their child and recover from pregnancy and childbirth.
There are also different types of leave that can be taken alongside maternity leave, such as shared parental leave which allows couples to split the leave entitlement between them.
Employers can offer this time off as unpaid leave, paid leave, or a combination of both, depending on company policy, local laws, and federal regulations.
Key Maternity Leave Laws in Florida
Employees in the U.S. have certain legal rights when it comes to maternity leave. These rights are granted by regulations including the federal Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, and state laws where they apply.
As an employer, it’s important to understand these maternity leave laws to determine whether or not your employees are legally entitled to take time off to care for a new child.
Let’s take a look at these federal laws as well as the maternity leave laws in Florida to help you establish your obligations as an employer in The Sunshine State.
The Family and Medical Leave Act (FMLA)
At a federal level, maternity leave laws in the United States are primarily regulated by the Family and Medical Leave Act (FMLA). Under the FMLA, all companies with 50 or more employees must provide up to twelve weeks of unpaid leave to new mothers, providing they have worked for the company for at least 1,250 hours during the twelve months before the beginning of the maternity leave. The employee can take this leave at any point within a twelve-month period, either all at once or broken up into smaller allotments. The FMLA also protects the employee’s job. When they return to work, they should be reinstated in the same job (or job of equivalent standing) with the same salary and benefits as before they left.
Despite these provisions, the limitations of the FMLA have pushed many states to go beyond what is legally mandated by the federal government. For example, nine states provide paid leave, including California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, and Washington. Other states have extended FMLA requirements to provide more employees with unpaid leave. In Maine, for instance, the family medical leave requirements apply to businesses with 15 or more employees, compared to the federal threshold of 50. And in Minnesota, the family leave law is accessible to a wider range of employees within the state. As a result, it’s important to check the regulations in your state before creating your company’s maternity leave policy. (More on Maternity leave laws in Florida below.)
Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Under this Act, it is illegal to discriminate against an employee on the basis of pregnancy, childbirth, or any related medical conditions. In other words, an employer cannot refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the major functions of her job. The PDA also forbids discrimination based on pregnancy when it comes to any other aspect of employment, including pay, job assignments, promotions, layoffs, training, fringe benefits, firing, and any other term or condition of employment, including leave.
In terms of maternity leave, employers must treat women affected by pregnancy, childbirth, or related medical conditions in the same way as other employees who are similar in their ability or inability to work. This means that if an employer provides paid leave or allows employees to take disability leave or unpaid leave for medical conditions, they must also provide the same benefits to women who are temporarily unable to work due to pregnancy or childbirth.
Additionally, if an employer offers health insurance, the PDA mandates that said insurance covers expenses for pregnancy-related conditions on the same basis as costs for other medical conditions.
Pregnant Workers Fairness Act
According to U.S. Congress legislation, The Pregnant Workers Fairness Act “prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by a pregnancy, childbirth, or related medical conditions.” In other words, workers are guaranteed the right to “reasonable work accommodations” during the term of their pregnancy and postpartum. This applies to government employees and those who work for private companies with more than 15 employees. Protection extends to full-time, part-time, temporary, and seasonal employees.
According to this Act, employers must:
- Make accommodations for pregnant or postpartum employees with known limitations, unless these limitations “impose an undue hardship” on the employer. For example, if a worker requires a less physically demanding and lighter role, and the employer lacks the economic means to make this possible.
- Provide fair employment opportunities for pregnant and postpartum employees. Employers cannot deny certain opportunities to individuals under the premise that they are pregnant or have recently given birth.
- Not require employees to take leave or accept alternative accommodations unless there are no other reasonable accommodations. For example, employers cannot force an employee to work reduced hours or take a lighter workload if it is not what they agreed to.
- Provide the same employment practices, privileges, and conditions for employees who request accommodations. Employers may not take any sort of adverse action or discriminate against employees because of their requests.
Other Relevant State Laws
As we mentioned above, maternity laws in the US are regulated by federal and state guidelines (when the latter applies). So, what are the maternity leave laws in Florida in terms of state legislation?
As you are probably aware, there are a number of state labor laws in Florida that employers need to comply with.
These include:
In terms of maternity leave laws in Florida, there are not currently any specific state-level laws that regulate this type of leave. Instead, the state relies on the Family and Medical Leave Act Florida (FMLA), which mirrors its federal counterpart and grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons, including the birth and care of a newborn child, or for the adoption or foster care placement of a child.
Maternity leave laws in Florida are also governed by the Florida Civil Rights Act. Similar to the PDA, this Act, prohibits employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. This applies to all employers in the state with 15 or more employees, including those based in Tampa, Tallahassee, Orlando, and Miami (as there are no municipal maternity laws in Florida).
However, despite all the above, many employers choose to include paid or unpaid maternity leave in their employee benefits packages as this can be a great incentive to attract and retain talent.
Who Is Eligible Under the Maternity Leave Laws in Florida?
So, as we’ve seen, the maternity leave laws in Florida are fundamentally governed by the federal Family and Medical Leave Act (FMLA). But which employees are covered by this Act? Do employers have to offer this type of leave to all workers who request it?
Put simply, no. Employers and employers must meet the eligibility requirements of the FMLA before maternity leave becomes a legal requirement.
Specifically, the FMLA states that:
- The employer must have 50 or more employees within a 75-mile radius of the workplace.
- The employee must have worked for the employer for at least 12 months; however, these months do not need to be consecutive.
- The employee must have worked at least 1,250 hours during the 12 months before taking leave.
- Employees can request FMLA leave for the birth of a child and to care for a newborn within one year of birth. Employees can also request maternity leave under this Act, with the same rights, if they have adopted or fostered a child.
- The FMLA applies to all public agencies, including local, state, and federal employers, and local education agencies (schools), regardless of the number of people employed. This also extends to private sector employers with at least 50 employees.
- FMLA leave can be taken intermittently or on a reduced schedule basis when medically necessary. For maternity leave, this might be applicable in cases of prenatal visits or required rest before the birth.
In cases where FMLA does not apply, employees might still have access to other employee benefits such as paid sick leave, vacation leave, personal leave, or short-term disability benefits that they can use for maternity leave.
How Much Do You Have to Pay Employees Under the Maternity Leave Laws in Florida?
As the maternity leave laws in Florida are set by the federal FMLA, then there is no legal requirement to offer paid time off to an employee who is on maternity leave. The only legal obligation for eligible employers is to offer unpaid leave to eligible employees. However, if an employee chooses to use accrued paid leave (like vacation or sick leave) during some or all of the FMLA leave period, then you must pay them for this time, in line with your company policies. In addition, employees may be eligible for supplemental pay through employer-provided short-term disability insurance during FMLA leave, if you offer this benefit.
Employee Rights During Maternity Leave
Ok, next question: what specific rights do employees have under the maternity leave laws in Florida?
There are a few, so let’s break them down.
According to federal law, employees on maternity leave are entitled to:
- Job protection and benefits. Firstly, an employee who takes maternity leave has the right to return to the same or similar position when they return to work. They also have the right to return to the same pay, benefits, and other employment terms and conditions.
- Health insurance. Secondly, employers must continue to pay into an employee’s health insurance policy (if they offer one) for the duration of an employee’s maternity leave. The employee continues to be responsible for paying any health coverage contributions that they paid before taking leave.
- Nursing breaks and facilities. In addition, employers must offer reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth. They must also provide them with a private area for nursing that is free from intrusion (but not a bathroom).
- Protections against discrimination. Finally, employees are protected from any form of discrimination on the basis of pregnancy, childbirth, or related medical conditions before, during and after taking maternity leave. This covers all aspects of employment, including hiring, firing, promotions, and benefits.
How To Create Your Maternity Leave Policy
Regardless of what the maternity leave laws in Florida dictate, creating a maternity leave policy can be a great way to attract and retain a skilled workforce.
Here’s a step-by-step guide with everything you need to consider:
- Make sure you understand the maternity leave laws in Florida. This includes the requirements of the FMLA, the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, and the Florida Civil Rights Act.
- Determine which employees are eligible. This includes those who are eligible for maternity leave under the FMLA. You also need to decide if you will extend eligibility to employees who are not covered by this Act.
- Define leave duration and pay. For example, will you offer longer than the 12 weeks defined by law? Will you offer paid leave as a supplementary employee benefit? What is your policy on prenatal issues or complications?
- Define the process for requesting leave. Make sure you clearly explain how an employee can request maternity leave and how much notice they should give (the FMLA requires 30 days’ notice for foreseeable events). In terms of procedure, it’s a good idea to use leave management software to automate the process of requesting and approving leave.
- Address job protection rights and benefits. Remind employees that they have the right to return to their same or equivalent position after they return from leave. Also, make sure you explain how benefits like health insurance will be handled during this time.
- Include provisions for nursing mothers. This includes the support you will offer when they return to work in terms of nursing breaks and access to a private space where they can express milk.
- Share your policy with all employees. Make sure you include it in your employee handbook or on your internal HR portal.
How Factorial Can Help You Comply with Maternity Leave Laws in Florida
We are going to end today’s post by highlighting some of the key features of Factorial’s HRIS that can help you manage and comply with the maternity leave laws in Florida:
- Leave management system. You can use Factorial’s time off management software to process and approve all maternity leave requests. That way, you have a clear and streamlined process in place. You can also use the tools to easily create custom leave policies that align with the maternity leave laws in Florida.
- Document management. You can use our document manager feature to securely store all documents related to maternity leave, such as medical certificates and FMLA forms.
- Employee portal. With our employee self-service portal, your employees can view their leave balances and rights under Florida laws directly from their portal, reducing misunderstandings and promoting transparency. They can also request maternity leave directly through the portal.
- Payroll integration. Our payroll software can be easily integrated with your existing HR systems. That way, you can rest assured that you are paying the correct amount, including benefits, to all employees who are on maternity leave.
- Reporting and analytics. You can use our HR reporting software to generate detailed reports on maternity leave usage and trends. This can be very useful for staff planning and for ensuring audit and reporting compliance.
- Compliance alerts and updates. Finally, our platform sends you regular compliance alerts and updates so you can keep up to speed with any changes to the maternity leave laws in Florida. That way, there’s no risk of fines or penalties for non-compliance.
