Q: I just found out I'm pregnant. Do I automatically get paid family leave when I give birth?

A: Not automatically. Let’s go through a few questions to find out:

1. How big is your employer?

First, let's see if you qualify for unpaid leave that can give you job security when your family needs you.

If your workplace has 50 or more employees, you may be able to take up to 12 weeks unpaid leave during a 12 month period.

This is through a federal law called the Family Medical Leave Act (FMLA), and there’s a couple of important catches:

  • First, you must have worked there for at least 12 months and worked 1,250 hours in those 12 months.
  • Second, your employer must have at least 50 employees within 75 miles of your workplace.

FMLA leave is not granted automatically and 40% of working people are not eligible. There’s a process you have to follow to request it. Here’s the official guide to FMLA to find how that works and more.

2. Does your workplace provide paid family and medical leave?

While not guaranteed, some workplaces do provide paid maternity and parental leave. However, it might not be fully paid and may not be open to non-birthing parents.

The first step is to check with your HR department, employee handbook, or your manager.

If it is paid, it could be partially-paid leave (you wouldn't receive the full amount of your paycheck), sick leave, or a short-term disability policy that you must enroll in.

If you work as an independent contractor, you may be eligible for paid leave under a state insurance program... see #3 below.

3. Does your state have a paid family leave insurance program?

Seven states and the District of Columbia provide paid parental leave for most employees. Those states are California, New Jersey, New York, Rhode Island, Massachusetts, Washington, and Oregon. Find out more, including how to access the leave here: CA, NJ, NY, RI, MA, WA, OR, and DC.

State policies vary in how they define family, length of paid leave, coverage, and more. Find out more details on individual paid family leave programs here.

4. Actually, none of the above.

If none of this applies to you, you’re not alone. Many new parents have to cobble together leave through vacation time, sick days, and disability leave to get time with their new family members.

But not everyone has equal access to these resources, and no one should have to choose between a paycheck and recovery and bonding time.

It shouldn't be this way. The U.S. is the last industrialized country in the world without a paid family leave scheme, and that's what we're working to change.

If you agree, join us by adding your name so that we can win paid family leave for everyone in the U.S.