Navigating maternity leave as an employee in Indiana can be tricky. While federal laws provide some protections, Indiana’s state-specific provisions are limited.
Below is some key information about your rights during pregnancy and after childbirth.
Types of leave available
Under the federal Family and Medical Leave Act (FMLA), employees can take up to 12 weeks of unpaid leave for the birth of a child, prenatal care or pregnancy-related health issues.
To qualify, you must have been with your employer for at least 12 months, clocked 1,250 hours in the past year, and be employed by an employer with 50 or more employees within a 75-mile radius.
Indiana does not have a state-mandated paid maternity leave. However, some employers may offer paid leave, short-term disability benefits or allow the use of accrued paid time off. It’s important to review your employer’s specific policies.
Workplace protections during pregnancy
Under the federal Pregnant Workers Fairness Act (PWFA), employers with 15 or more workers must provide reasonable accommodations for pregnancy-related conditions. This could include extra breaks, lighter duties, or time off for medical appointments. These accommodations are required unless they cause significant difficulty or expense for the employer. Employers also cannot force you to take leave if you’re able to work with accommodations. Retaliation for asking for accommodations is illegal.
If you qualify for FMLA, your employer must return you to the same or an equivalent position after your leave. You should receive the same pay, benefits and responsibilities. If your employer refuses or retaliates, you may have grounds to file a complaint.
Seek legal guidance to find out more about your maternity rights as an employee.