Hey! One of the rare SMDB topics in my professional wheelhouse.
I am a Disagility / Leave of Absence manger for a large retail company of close to 80k employees. Prior to this, I was a Leave Supervisor for a large accounting/consulting firm of about 30k employees. Both companies are multi-state and the former had offices in California, which has all of its own crazy laws.
What is industry standard depends on what industry you are in, but let me start with the basics: if you company is bigger than 50 employees, it falls under the Family Medical Leave Act (FMLA). If you meet the qualifications, they must give you unpaid time off during the time you are disabled (due to pregnancy/childbirth) and to bond with your new child, up to 12 weeks. They do not have to pay you for this twelve weeks but cannot punish you for using it.
Most companies will allow you to use whatever vacation/personal days you have available during this time, to receive pay. In addition, you may be covered by a Short Term Disability policy which will pay you some sort of benefit during the time you are disabled due to the pregnancy/childbirth – typically up to six weeks after birth.
Some companies offer additional pay either concurrently with FMLA or beyond FMLA leave. It depends on your company and industry.
For example: my previous company was in a very competitive professional industry, and had to provide generous benefits. A typical maternity leave would look like this:
– once week elimination period for disability (vacation/PTO use required)
– short term disability until six weeks after birth (full pay)
– two weeks parental leave (full pay, for mothers or fathers)
– the remainder of FMLA, if the above has not added up to 12 weeks (unpaid, unless vacation used)
– twelve additional weeks of unpaid parental leave (vacation may be used)
So the total was up to 24 weeks of leave, of which at least eight weeks were at full pay, plus vacation time.
In my current industry (discount retail), the standards are different:
– Disability period is the same, but pay replacement is lower. Also, only salaried employees have company-paid disability; hourly employees only have disability benefit if they have enrolled in the plan and pay premiums
– FMLA rules are the same, but it is unpaid unless employee has disability benefit or elects to use vacation
– employee may elect up to 4 additional weeks of personal leave (unpaid)
California is an odd monkey because they have special laws concerning pregnancy disability (the Pregnancy Disability Act, or PDA) and the CFRA (California Family Rights Act) as well as paid family leave mentioned in the OP.
Maybe I should start a thread, “ask the FMLA administrator”