Running head: MATERNITY LEAVE 1
Maternity Leave in the United States
MATERNITY LEAVE 2
Abstract
Maternity Leave in the United States has become an important issue in our society due
to the increase in women workers over the last half of a century and a shift in family
dynamics. With women estimated to become 50% of the workforce by 2050 it’s
important to support the needs of working mothers during their pregnancy and maternity
leave. The United States maternity leave is lagging behind other wealthy nations by not
providing paid leave and our policies are several decades behind our European
counterparts due to our history. American companies rely on federal law to dictate their
policies but when employers provide good maternity benefits, it not only benefits the
families but can impact the bottom line of the company.
MATERNITY LEAVE 3
Maternity Leave in the United States
Maternity Leave in the United States became an issue after World War I and
World War II when an increased number of women joined the workplace. The number
of working women has steadily increased since then and is estimated to grow to 92
million by 2050 and women will make up almost half of the workforce (A century of
change: the U.S. labor force, 1950-2050). Currently, almost two-thirds of pregnant
women work, and about 80 percent of those will continue to do so until less than a
month before they deliver. (Huppke, 2014). Also, mothers with young children are
working more now than they ever have before. In 2008, 60% of mothers with children
under the age of six worked compared with 33% in 1975 (Ruhm, 2011, p. 38).
Pregnancy benefits and maternity leave in the United States has never been more
important than now as the population of pregnant and working mothers continues to
increase.
In the United States, there are three federal laws that directly concern pregnancy,
maternity leave, adoption and paternity leave. These three laws are Pregnancy and
Discrimination Act of 1978 (PDA), The Family and Medical Leave Act of 1993 (FMLA)
and The Affordable Care Act of 2010 (ACA). The Pregnant Workers Fairness Act (PWA)
is currently going through the senate with rare bipartisan support. These laws protect
the right to not be discriminated against because of a pregnancy, the right to have job
protection during your leave and for breastfeeding mothers, the right to take breaks and
have a reasonable place to pump breast milk upon returning to your job.
MATERNITY LEAVE 4
The Pregnancy Discrimination Act of 1978 (PDA) was the first federal law to give
pregnant workers any legal protection. The PDA forbids employers from discriminating
against pregnant women when making decisions about promotions, firings and hirings.
Also, the PDA requires employers to treat pregnant employees the same as any other
employee that has a temporary disability. For example, if an employee breaks their arm
and is unable to work for a week and they receive certain benefits, a pregnant employee
must be eligible to receive the same benefits. The pregnant employee must be eligible
for such benefits as health insurance coverage, temporary disability insurance or paid
sick days (“Pregnancy Discrimination Act”, 2014). The PDA was helpful in getting
pregnancy and childbirth related leaves covered by temporary disability insurance. PDA
was instrumental in getting women protection during their pregnancy and recovering
