Becoming a mother is one of the greatest joys of life. 

Laws cater to our needs. So, they should reflect maternity needs, too, right? However, as of today, there is no particular legislation like the Maternity Benefit Act in the USA.

All citizens enjoy the Right to Marriage and Family. It is common knowledge. But we also know that pregnancy, children, and reproductive rights fall under that broad category.

No Maternity Benefit Act?

So, since there is no such Maternity Benefit Act, what law cares for expecting mothers?

Don’t worry, there is no need to be suing for emotional distress just yet. 

The lawmakers or the US Constitution did not forget about mothers or expecting mothers.

There are sufficient federal acts that guarantee you employee benefits like maternity leave.

In this article, we will check out these very special laws. 

Additionally, we will tell you what specific rights each of these allow you. So, let the maternity law names begin!

The Many Facets Of Maternity Laws In The US

Remember, these acts altogether make up for the absence of a comprehensive Maternity Benefit Act in the USA.  

The Pregnancy Discrimination Act.

We commonly call this Act, the PDA. 

It is basically an amendment to the popular 1964 legislation, the Civil Rights Act. Through it, the law looks into pregnancy-based workplace discrimination.

Therefore, the Act caters to one’s rights during pregnancy and childbirth. Moreover, it also addresses other medical conditions that may arise out of a pregnancy.

Remember, the PDA does not talk about explicit maternity benefits. There is no mention of paid leaves or assistance of a monetary nature. 

However, it does allow for protection for all pregnant employees.

Here are the provision of PDA that may fit into the “maternity benefit act” category.

Anti-Discrimination Measures.

Equal treatment for pregnant employees. This means the same abilities or limitations as others.

Fair Job Opportunities.

Under the PDA, an employer cannot deny a pregnant employee job opportunities or promotions. 

However, these benefits cannot solely suffer because of their pregnancy.

Accommodations For Pregnant Employees.

The PDA asks employers to set up accommodations for pregnant employees.

Pregnancy Expenses Under Health Insurance.

Health insurance that an employer provides should cover all costs of pregnancy. 

Therefore, childbirth and all related medical conditions fall under this category.

Now, let’s move on to our next Act. 

The Family and Medical Leave Act (FMLA).

This Act is a federal law that ensures the protection of job-protected leave benefits. However, these leaves are for certain family or medical reasons. 

According to the Act, the reasons include maternity-related conditions as well. Let us check out some of the maternity benefits under the Act.

Any Pregnant Woman Enjoys 12 Weeks of Unpaid Leave.

Eligible employees all enjoy the right to take 12 weeks of leave. 

Although the leaves are unpaid, 12 months is enough to give birth and care for the baby.

Job Protection For Pregnant Women.

The FMLA sees to it that women on maternity leave enjoy job protection. The employer is also to allow them to return to the same when they are back at work.

Health Benefits For Pregnant Women.

Employers should give equal employee health insurance benefits. This applies even when the pregnant employee is on FMLA leave. 

Moreover, the leave conditions should not be any different from the ones when they were actively working.

Continuation of Benefits.

The FMLA sees to it that pregnant employees continue to maintain other benefits. These benefits will continue while they are on leave.

Intermittent Leave Policies.

Maternity leaves are possible intermittently under this Act. This means that employees can take leaves, not all at once. 

They can break the leave period into a few small ones.

Spousal Leaves Under The Act.

This is a gender-neutral policy. Through it, both parents can apply for FMLA leave for their child’s birth and care. 

Minor Acts Providing Maternity Benefit.

Thus, we have covered the main federal acts that fit the maternity benefit act category. 

So, let’s move on to other minor but important Acts.

Americans With Disabilities Act.

The ADA is an important legislation under this category. It prohibits discrimination against any citizen with disabilities. 

Therefore, it also protects against conditions arising from pregnancy-related disabilities.

Under this Act, employers need to provide reasonable accommodations to all pregnant employees. It includes people who have qualifying disabilities.

Affordable Care Act.

The ACA asks all employers to provide break time to employees. They are also entitled to a private space other than the washroom. 

For example, it can be a recreation room, a room for nursing mothers, etc. It legally calls for a space for mothers to express breast milk till one year after childbirth.

Finally- Does The US Need A Maternity Benefit Act?

Now, whether there is a need for specific federal law like a “Maternity Benefit Act,” is completely up to the citizens. Not all laws can cater to all aspects of life. Some loopholes are bound to exist.

Unlike many other developed countries, the U.S. does not have a system of paid maternity leave.

The FMLA provides 12 weeks of unpaid leave, but it comes with a lot of limitations. An employee working in a company with less than 50 employees cannot get these leaves. There is also a requirement of a certain number of working hours.

Bearing these in mind, advocates for maternity benefits clearly state the need for a Maternity Benefit Act.

Advocacy For Federal Maternity Benefit Act

The United States lags at the back of many exclusive developed global locations in terms of supplying complete maternity advantages for working moms. This is a vital difficulty that merits our attention and movement. By advocating for the Federal Maternity Benefit Act, we can make large strides in helping new mothers and strengthening households all through the usa.

To start, it’s essential to recognize the current landscape. Currently, the Family and Medical Leave Act (FMLA) gives eligible personnel with as much as 12 weeks of unpaid, pastime-included departure for various circles of relatives and medical reasons, in conjunction with the beginning or adoption of an infant. However, this leave is frequently inaccessible for masses of humans, as it best applies to organizations with 50 or greater employees, and the leave is unpaid. As a result, many new moms are pressured to go back to work upfront, compromising their personal health and the well-being of their households.

The Federal Maternity Benefit Act aims to address those shortcomings. By mandating paid maternity leave for all eligible personnel, this regulation may want to offer critical economic help sooner or later of a vital time in a family’s existence. Moreover, the act could enlarge the departure length to a minimum of 12 weeks, making sure that new moms have the time they want to recover, bond with their newborns, and alter to the needs of parenthood.

Furthermore, the act may also offer benefits for fathers and adoptive dad and mom, recognizing the significance of an inclusive circle of relatives rules. This comprehensive approach may want to assist to create an extra equitable and supportive work surroundings for all households, no matter their composition.

In addition to the direct advantages to families, the Federal Maternity Benefit Act could also have broader societal implications. By helping new moms and selling paintings-existence balance, the act may want to result in advanced maternal and child health consequences, reduced gender-based discrimination in the place of job, and multiplied workforce participation amongst ladies. These extraordinary outcomes would not really gain personal families however also make a contribution to the overall economic and social proper-being of our kingdom.

To make this vision a fact, we need to come collectively as a network and advise for the passage of the Federal Maternity Benefit Act. This could require enticing with our elected representatives, elevating the focal point of the various public, and building coalitions with like-minded organizations and those. By going for walks collectively, we will make certain that every one working families in the United States have the proper access to the assistance they want and deserve.

In the give up, the Federal Maternity Benefit Act represents a crucial step forward in helping strolling moms and strengthening households for the duration of the USA. By advocating for this legislation, we are able to create a more equitable and supportive society that values the proper-being of all its individuals. Let us seize this opportunity and make our voices heard inside the fight for a better future.

To Conclude

The United States does not have a specific federal law which we can call the Maternity Benefit Act. 

However, from our article, we know that there are existing laws and regulations on maternity benefits. Among them, the primary one with certain maternity benefits is the Family and Medical Leave Act.

Read Also:

• Your Right to Participate in the Cultural Life of Community Matters!
• A Guide To Understand The Difference Between Civil Rights vs Civil Liberties