A Legal Guide To Maternity Leave And Return To Work Requirements In Arkansas
As of 2021, approximately 18% of parents in the U.S. opted to stay home to tend to their young children, leaving one parent as the primary breadwinner. However, with over 3.6 million births every year, many mothers have to return to work and support their families after their maternity leave is up.
But coordinating your time off and return to work can be challenging, especially for women. Research shows that working mothers are less likely to receive higher up positions within their career when compared to men and childfree women. While there are state and federal laws in place to help mothers transition back to work, not everyone feels welcome back after maternity leave.
As a parent, it’s important to understand your legal rights for maternity/paternity leave and your company’s guidelines regarding return to work protocol. If, at any time in the workplace, you feel retaliated against because of your parental leave or discriminated against for having a family, you may have a legal case.
Parental Leave According To Arkansas Law
If you expect to start a family one day, it’s vital to examine workplace policies for maternity or paternity leave. Now, if you are not currently expecting, you may have quickly glanced over your company’s policy. But your length of employment, employee status (part-time or full-time), and wage will affect an individual’s maternity leave.
Typically, Arkansas state employees receive 12 weeks of paid time off after birth. However, this opportunity is only available to individuals who have been employed for over a year. Your pay during leave will look similar to your usual paychecks. So, if you work as a part-time state employee, your pay during maternity leave will be based on your part-time hours.
If you are not considered a state employee, parental leave can vary based on company policies. Therefore, you will need to investigate further by checking your employee handbook or consulting with HR.
Family Medical Leave Act (FMLA)
If you do not qualify for paid maternity leave, you can consider taking an FMLA leave after the birth of your child. While FMLA covers maternity and paternity leave for both parents, there is a catch: married employees share the 12 weeks of unpaid time off. So if the mother takes 9 weeks of FMLA leave and then returns to work, the father would be left 3 weeks available for his leave.
FMLA is also available for expanding families who are fostering or adopting children. However, families must apply for FMLA within the first year of adoption or fostering.
Transitioning Back To Work
With the prevalent population of working mothers in the U.S., the Fair Labor and Standards Act has safeguards in place to protect breastfeeding mothers in the workplace.
Legally, employers must provide a safe, private space for women to pump during their workday. It is illegal to only provide a single use bathroom for breastfeeding mothers, due to sanitary conditions. The space must be appropriately hidden from other employees to maintain privacy. Additionally, the employer is required to provide adequate breaks for breastfeeding mothers to pump throughout their shift.
Feeling Discriminated Or Retaliated Against In The Workplace?
Nobody ever wants to feel like their job is punishing them for their positive life choices, like adding a new member to the family. But unfortunately, some positions will look down upon women and men who have family obligations. Whether you’re a working mother without access to a pumping space or a father fighting for FMLA, perhaps it’s time to talk to an attorney.
Consulting with a local attorney will help you conclude if you have a case for discrimination. Contact the live agent at Hickey & Hull today to schedule your first consultation and discuss your legal options.