WHAT YOU’LL LEARN

• Why Moms Need Advocacy in the Workplace
• How to Begin Advocating for Maternity Leave (Even During Pregnancy)
• The Complex Landscape of Maternity Leave Laws in the US
• How to Get Paid During Maternity Leave
• Pumping Rights for Working Moms
• Navigating the Return to Work after Maternity Leave
  

Many moms in the United States return to work after having a baby before they are physically, mentally, or emotionally ready. Our mom clients often struggle with navigating this transition, feeling guilt, fear, and anxiety over leaving their infants. 

Without federal laws that provide protected maternity leave, moms often feel that they are between a rock and a hard place. 

But what if you had more rights and options than you realize? What if there were ways to get paid during maternity leave, even in a country that doesn’t provide widespread parental leave policies? 

This week on The Momwell Podcast, I’m joined by attorney Daphne Delvaux, founder of Delvaux Law and the Mamattorney. 

Daphne has dedicated her career to helping moms understand and advocate for their workplace rights, including parental leave coverage and pumping protection. Today, she shares how moms can get paid during maternity leave in the US, what rights you are entitled to, and how to proactively work with your employer and navigate the systemic red tape around leave. 

Why Moms Need Advocacy in the Workplace

More moms than ever are working outside of the home and building careers—in fact, in 67% of couples with children both parents are in the workforce. 

But while moms have made advancements, they still face discrimination in the workplace. In fact, the bulk of the gender wage gap is due to the “motherhood penalty.” Moms on average are paid 63 cents for every dollar dads are paid. Mothers are 2 times less likely to be promoted than childless women, earn an average salary of 8% less, and are perceived by employers as 12.1% less committed to their work.

Workplace discrimination is very present—and it often begins in pregnancy. We’re often dealing with symptoms such as exhaustion, navigating the physical experience of pregnancy while trying to keep up with our normal workload, and trying to plan ahead for maternity leave. 

Daphne said that motherhood is advocacy, and in the workplace that means empowering yourself by exercising your rights and looking out for you and your baby. 

Motherhood is advocacy.

Motherhood doesn’t and shouldn’t mean sacrificing your career if you don’t want to. But learning how to advocate for yourself in order to continue your career, keep your jobs and benefits, and care for yourself and your baby can be an uphill battle. 

Daphne believes that the more knowledge we gain about laws, protections, and rights, the better we can advocate for ourselves in the workplace, beginning with pregnancy and carrying into maternity leave and beyond. When we understand our rights, we can make empowered decisions, work with our employers, and practice self-advocacy. 

How to Begin Advocating for Maternity Leave (Even During Pregnancy)

Once they find out they are pregnant, moms can begin to plan for leave and advocate for themselves. 

It is often tempting to wait as long as possible to announce your pregnancy—both from a place of concern for loss and fear of workplace discrimination. 

But Daphne pointed out that this is actually the opposite of how to best secure our protections. She said that protection for pregnant moms begins the moment they inform their employers. An employer can’t fire someone for being pregnant—but without a formal announcement, there is no protection in place. Announcing also gives you a chance to ask for any necessary accommodations. 

Protection for pregnant moms begins the moment they inform their employers.

Daphne recommends informing your employer of your pregnancy as early as possible in writing—and keeping a copy of the message for your records. 

Announcing your pregnancy in the workplace early is also a professional courtesy that allows your employer and your co-workers more time to prepare for your absence. Workplaces do have to navigate coverage for you during leave. The earlier you train your replacement reduces your stress and makes for a smoother transition. 

An early announcement of maternity leave also gives you a chance to formally document how much you bring to the table in your role. Daphne recommends documenting all of your tasks once you start to plan your leave. This can help with training your coverage and show your employer how valuable you are. 

Daphne also pointed out that keeping your pregnancy quiet out of concern for a loss can backfire. If you do experience a miscarriage, you will likely need time to heal, recover, and grieve. You are entitled to this time—but if your employer doesn’t know about your pregnancy, this can be difficult to navigate. 

It’s best to be upfront as early as possible to keep everyone informed, maintain strong professional relationships, and ensure that you have access to your rights. It also helps you start planning for maternity leave early on. Daphne said not to wait until the end of your pregnancy to try to plan for your leave. Sometimes you need to push or advocate for yourself—and doing that as early as possible is important. 

Maternity Leave Laws in the US

Maternity leave in the United States is often a hot topic. Because there is no widespread guaranteed paid leave, parents often believe they are stuck with whatever they are offered by their employers. There is no “maternity leave” in US law, but Daphne said that there are other protections in place—you just have to understand the complex laws at play. 

Leave rights vary state-to-state and can depend on your workplace size and situation. Daphne recommended consulting local laws as a primary source when exploring your leave rights. 

She also cautioned against relying solely on company policy handbooks, or even HR personnel, since they may not give you the full picture about your rights. Even unions might not understand the nuances of maternity leave and could provide inaccurate or incomplete information. 

Moms often believe that they have to return to work after six weeks once they receive medical clearance. But many parents are entitled to 12 weeks of unpaid leave through the Family Medical Leave Act. If your employer falls under the FMLA stipulations, you are guaranteed 12 weeks without the threat of losing your job. 

Daphne also pointed out that some states and employers have disability leave coverage that can be stacked with FMLA leave. Disability leave can cover time off for delivery and recovery, and in many cases can provide pay during this period. 

Moms can then switch to family leave for bonding and take more time off. In some cases, disability can even be extended due to medical complications, such as traumatic births or even postpartum depression. 

We need to remember that pregnancy and birth are medical conditions.

Daphne pointed out that we might not realize that terms like “disability leave” or “medical complications” apply. But we need to remember that pregnancy and birth are medical conditions—and we can use the law to our advantage if we know how. 

How to Get Paid During Maternity Leave

For many moms, unpaid leave isn’t enough—they need to find ways to secure pay. The process of how to get paid during maternity leave can be complicated, but it could be more possible than many moms realize. 

Since FMLA doesn’t require paid leave, moms have to research other possible avenues. 

Daphne said that there are three basic sources to research for potential payment while on leave:

• State laws
• Employer benefits programs
• Short term disability insurance. 

Certain states like New York, New Jersey, and California have programs that offer paid leave benefits which are typically funded through payroll deductions. Daphne recommended checking your pay stubs to see if you are paying into any programs that might help fund your maternity leave. 

Companies often offer paid maternity leave as an employee benefit. Check your workplace policies carefully to understand what paid leave, if any, is offered, and make sure that you fill out any required paperwork on time. Daphne pointed out that it’s important to stay up to date on any policies—these benefits are always subject to change. 

If you have short-term disability insurance, you can file a claim for birth and recovery which could pay a portion of your paycheck. This often requires holding a policy before pregnancy, filling out paperwork, and connecting with your employer or payroll department, so initiating this process as early as possible is important. 

These options all require knowledge and understanding nuances and complexities. But Daphne pointed out that knowing your rights and options empowers you to advocate for the best interests of you and your baby.

Knowing your rights and options empowers you to advocate for you and your baby.

She also said that we can’t just expect our employers to know these nuances or understand the laws and options. We have to do the research and sometimes push for what we are entitled to. Bringing in legal support can be helpful if we need extra advocacy or understanding of the law. 

Pumping Rights for Working Moms

Your rights as a mom don’t end when you return to work from maternity leave. There are other rights at play—especially when it comes to breastfeeding and pumping. 

Many moms want to breastfeed for at least 12 months—but most moms in the US return to work far earlier than that. If they want to maintain breastfeeding, they need to be able to pump on a regular schedule. 

The federal PUMP Act requires employers to offer reasonable breaks and private space at work for moms to pump breast milk during the first 12 months after a baby is born. Under the act, your employer cannot legally delay your break time for their convenience. 

But advocating for this right might require educaring your employer about the law and requirements. This can feel uncomfortable, but nothing at work is more important than your baby’s nutritional needs. 

Nothing at work is more important than your baby's nutritional needs. 

Daphne pointed out that you don’t have to approach conversations about rights in a negative way. You can opt to say, “I want to help make sure the company is compliant with the law.”  Framing it in this way can foster a sense of cooperation and decrease any resentment from your employer. 

Navigating the Return to Work after Maternity Leave

Moms often feel obligated to return to work as quickly as possible from maternity leave. Sometimes, this is due to financial need and can’t be avoided. But other times, we might feel like we owe it to our employers. 

It’s important to remember that maternity leave is more than time off for recovery. It’s also the chance to take care of your mental health, bond with your baby, and adjust to motherhood. We deserve to take as much time as we can to navigate postpartum challenges and connect with our babies. 

Maternity leave is more than time off for recovery.

Transitioning back into the workplace can be difficult—and we might need to advocate for ourselves and our babies as we return. This might look like asking for flexible scheduling or part-time work. 

This can be a tricky line to walk—especially if we fear our job security. But if you maintain a positive relationship with your employer, it could be worth it to see where they are willing to meet you. 

Daphne pointed out that once we return to work, we still have rights. We are protected against retaliation for taking leave. Employers can’t punish you for taking leave by reducing your hours or refusing to put you back into your position. If you find yourself in this situation, you can pursue legal action. 

Returning to work can be a difficult time, mentally, physically, and emotionally. Prioritizing yourself and your baby, knowing your rights, and advocating for your needs can help make the transition smoother and ensure that you and your baby get the time together that you need and deserve. 

‍If you’re struggling with returning to work, you’re not alone! Working with a mom therapist can help you overcome guilt, navigate your feelings, and advocate for yourself. Book a free 15 minute virtual consult today.