My first few posts are going to be focused on some legal tips for the “planning” phase. That is the pre-baby to-do-list.
Parental Leave & Government Programs
As you prepare for your new one, make sure you understand the parental leave programs at your job, your states law, as well as what the government requires, and any governmental programs.
Below I’m going to highlight a few important notes for you, but to be sure you look at the sites I have linked to get more information.
All states have to AT LEAST meet the requirements of the Family and Medical Leave Act, (commonly known as FMLA) and some states provide even more rights. Some state laws require employers to give time for adoptive parents as well as biological parents. Check out your state’s government website to learn more.
Good resource for all State laws for parents who are planning to take parental leave: http://www.nationalpartnership.org/…/w…/expecting-better.pdf
FMLA government page: https://www.dol.gov/general/topic/benefits-leave/fmla
Three states in the USA (RI being one of them) provide paid leave for parental leave. RI allows you to go on Temporary Disability Insurance (TDI) for up to 30 weeks. Each situation is different and your specifics will determine how much you get and how long you can stay on TDI.
Here is the RI link to apply: http://www.dlt.ri.gov/tdi/TDIfile.htm
Your company may also have additional options for you.
Some companies provide options for employees for extended leave, through programs like AFLAC. It’s important that you know that if your company is larger than 50 employees (and a few other specific requirements), they MUST provide you up to twelve (12) weeks of unpaid leave, per year, for prenatal and pregnancy pursuant to the Family and Medical Leave Act (most commonly known as FMLA)
It’s also important that you know that there are federal and state laws that prohibit pregnancy discrimination. Your company MUST treat you just like any other employee who is unable to work because of accident or sickness
Also, sex discrimination laws prohibit employers from applying different policies to men and women. For example, if a company’s policy says they offer “maternity” leave strictly for parenting, they must give male employees the same time off as female employees.
If you feel as though you have been discriminated against, in any way, it’s best to contact a lawyer.
Next up-Wills, Powers of Attorney & Parental Guardianship
