New Child Series (3 of 7): Legal Concerns- Parental Leave & Government Programs

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

New Child Series (1 of 7): Legal Concerns Introduction

I had a request for a series from a good friend of mine and I thought the start of the new year would be a great time to do it.

Are you thinking about starting a family? Did you just have your first child? Do you know someone who just had a baby? Are you a new grandparent?

This series is for you.

I have heard, from many new parents, that they never realized how much LEGAL WORK starting a new family is. There are so many things you need to do and lots of paperwork. The feedback I have received is that new parents are worried that they forgot to do something, or don’t know what they don’t know.

My next few post are geared towards getting you all the information you need so you feel confident that you have everything covered.

Here are the areas of legal interest, pertaining to welcoming a new one, that I’m going to cover in the next few posts:

Planning Phase
1. Day Care
2. Health Insurance-what’s covered
3. Parental Leave
4. Government Programs
5. Wills, Powers of Attorney & Parental Guardianship

After Arrival
1. Birth Certificate
2. Social Security Number
3. Health Insurance
4. Rights to nurse

Back to Work
1. Nursing
2. Discrimination & Unfair Treatment

My new parents/grandparents or soon to be parents/grandparents, Anything else you want to hear about? Just drop me a line.

And CONGRATS to all of my friends and family who have recently added or are going to add a new little one to the family!