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Maternity Leave
The Family and Medical Leave Act grants expecting mothers (and individuals approved for adoption or foster care) up to 12 weeks of unpaid leave.[1] The employee must have worked at least 1,250 hours in the prior year and the employer must have at least 50 employees.[2]
In addition to the federally-mandated unpaid maternity leave, the states below have laws that provide for paid maternity leave:
- California
- Connecticut
- Massachusetts
- New Jersey
- New York
- Oregon
- Rhode Island
- Washington
What’s Included
An LOI for maternity leave will generally include the following information:
- Introduction – The letter should begin with a salutation addressing the recipient and a brief paragraph explaining the letter’s intention.
- Contact information – The sender’s mailing address, phone number, and email.
- Expected delivery date – The date that a medical professional has estimated for the baby’s delivery should be included to provide justification for the requested time off.
- Maternity leave period – The desired start date and duration of the maternity leave.
- Job position – The employee’s job title.
How to Use
Once an individual discovers that they are pregnant, they have the right to request maternity leave. The letter of intent can be sent to their employer by hand, mail, or email. Employers may negotiate the amount of time off that will be provided and/or offer paid family leave.
Supporting Documentation
To retain their right to maternity leave, the employee will likely require the following documentation[3]:
- Birth certificate
- Consular report of birth abroad
- Healthcare documentation
- Hospital admission form for baby’s delivery
- Adoption placement agreement/foster care placement record (if applicable)
Sample
Download: PDF, Word (.docx), OpenDocument
LETTER OF INTENT
FOR MATERNITY LEAVE
Date: [DATE]
[SENDER (i.e., EMPLOYEE) NAME]
[SENDER STREET ADDRESS]
[SENDER CITY, STATE, ZIP]
[RECIPIENT (i.e., EMPLOYER) NAME]
[RECIPIENT STREET ADDRESS]
[RECIPIENT CITY, STATE, ZIP]
Dear: [EMPLOYER NAME]
I am writing to inform you that I am pregnant and intend on taking maternity leave.
My physician has estimated that the baby is expected on [DATE] and I would like to remain working until [DATE]. I plan to take [NUMBER OF WEEKS] weeks off and, barring no medical issues or complications, I anticipate no problem with resuming my current position as [POSITION TITLE] following my absence.
If you have any questions, I can be contacted via email at [EMAIL ADDRESS] or by telephone at [PHONE NUMBER]. Please inform me of any forms, doctor’s notes, or other information you require to enable this transition into my maternity.
Sincerely,
________________________
[EMPLOYEE SIGNATURE]
[SENDER PRINTED NAME]