Overview of Arizona Maternity Leave
Maternity leave is an important issue for many families expecting a child, but it can be difficult to understand the specific laws in your area. In Arizona, there are state and federal laws relating to maternity leave. However, there are also specific types of policies that may be incorporated by employers, which can further complicate your understanding of the law. Understanding the maternity leave laws, and general laws that may affect maternity leave, can help you know more about what to expect when expecting.
Federal Statutes
There are several federal statutes that could relate to your maternity leave situation, including the Family and Medical Leave Act (FMLA); the Pregnancy Discrimination Act ("PDA"); and Title VII of the Civil Rights Act of 1964. The FMLA entitles most families to up to 12 weeks unpaid leave for a pregnancy. Pregnancy and maternity leave are generally covered by this act. However, keep in mind that some employees may not be eligible for this act. The FMLA only applies to businesses with 50 or more employees and where the employee has been with that company for at least one year and has worked at least 1,250 hours during the year prior. That means that if you work part-time, you likely will not qualify for the FMLA. If you do qualify for the FMLA, you may receive time off for a variety of reasons that relate to the birth of a child. These include leave for prenatal care, incapacity due to pregnancy, childbirth or an related medical condition and baby bonding after the birth or adoption of a child. The PDA makes it a form of discrimination to deny pregnancy-related benefits such as sick leave , disability leave and health insurance to pregnant women. Some Arizona companies may provide a general short-term disability insurance or paid maternity leave plan that provides for pregnancy-related absences. If the company does provide a short-term disability benefit that covers temporary portions of pregnancy, then the company cannot deny leave to employees for pregnancy. Alternatively, those companies that do not provide such short-term disability benefits must offer them to pregnant employees, because doing so for any other condition but pregnancy would be discriminatory. Title VII of the Civil Rights Act prohibits discrimination against pregnant, and potentially, adoptive or foster parents. A claim for single-sex maternity leave policies for leave, or limited adoption leave may result in an action under Title VII. Those employers who deny an employee leave due to them being pregnant or because they might become pregnant in the near future may also face an action under Title VII. Similarly, Title VII may be active if an employee was denied leave for pregnancy, but was accommodated when they needed surgery for another medical condition.
Arizona Statutes
Under Arizona Revised Statutes §23-371, it is considered a discriminatory practice for an employer to refuse to grant leave because of pregnancy, childbirth, or related medical conditions. If you believe that your employer may have discriminated against you for taking leave for a pregnancy, look into filing a claim under A.R.S. §23-371.
Eligibility Criteria for Arizona Maternity Leave
Eligibility for Maternity Leave in Arizona is based on the FMLA and ADA. Essentially, an employee qualifies for maternity leave under the Family Medical Leave Act if they are full-time employees and have worked for their employer for at least 12 months prior to the leave. However, even non-full-time employees may be able to take leave under the Arizona parental leave law. Arizona law allows employees to take up to 12 weeks of leave in a 12-month period to care for a new child.
Federal law provisions under the FMLA apply to employers (including states) with 50 or more employees within a 75-mile radius, and primarily to private employers; the ADA does not require any minimum number of employees. However, the FMLA also applies to schools, so even if the school has less than 50 employees, it must still grant the full 12 weeks of leave for pregnancy, childbirth and related medical conditions. Employees who qualify for FMLA leave (if FMLA applies to your situation), may take it in one continuous 12-week block of time, as long as it concludes in the year after the child’s birth.
However, even if your employer (schools are the exception) does not employ 50 or more employees within a 75-mile radius, you still have rights under the Arizona leave law, which requires employers with 50 or more employees (other than schools) to provide mothers with up to 120 days of unpaid leave for pregnancy, childbirth, adoption and breastfeeding (Note: Arizona law distinctly prohibits employers from interfering with pregnancy-related medical conditions and breastfeeding). The leave does not have to be taken sequentially, but can be taken in short increments. The 120-day provision is in addition to unpaid leave for serious health conditions under the FMLA (or bonding leave, if applicable).
Paid leave is not required under Arizona law, but may be offered under your employer’s policies (e.g. sick leave). Some employers may require that employees use available PTO as part of their leave under the Arizona leave law. In addition, if you qualify for FMLA leave, your employer may ask you to apply for accrued paid leave before taking unpaid time off.
Length and Compensation for Arizona Maternity Leave
The length of maternity leave available to pregnant employees in Arizona varies widely depending on the circumstances. In the private sector, Arizona does not have a maternity leave law specifying how long employers are required to provide an employee with leave. However, under federal law, a qualified employee is eligible for up to 12 weeks of unpaid leave during the 12-month period following the birth of a child under the federally mandated Family Medical Leave Act (FMLA). If the 12 weeks of leave allowed under the FMLA has been exhausted, or if an employee is not eligible for FMLA leave, Arizona law does not require private employers to offer maternity leave. The general rule is that Arizona does not require employers to provide any maternity leave at all. Many employers, however, offer some form of maternity leave to help retain employees and ensure continued productivity once employees return to work. To be eligible for 12 weeks of unpaid leave under the FMLA, the employee must work for a covered employer (a business employing 50 or more employees at the same location within 20 calendar workweeks or within 75 miles) and must have worked for the employer for at least 12 months and at least 1,250 hours during the 12 months immediately preceding the request for leave. Under the FMLA, employers must provide new parents with at least 12 consecutive weeks (one time only) for bonding with the newborn after delivery or in some cases after adoption of a child under the age of 18. Alternatively, this time can be used for medical leave for the mother in cases involving serious health problems. The leave granted under the FMLA is unpaid, but employees may be entitled to some form of compensation under any paid family leave plan, accumulated sick or vacation days, or state disability insurance. Many employers provide some form of paid maternity leave to full-time employees, and paid maternity leave can be an important benefit when deciding whether to accept a job offer. Therefore, many Arizona employees are covered by FMLA and receive some form of compensation during their maternity leave.
Arizona Family and Medical Leave Act (FMLA) Requirements
Sections 33-1301 through 33-1381 of the Arizona Revised Statutes ("ARS") create an Arizona equivalent to the Family and Medical Leave Act ("FMLA"). Under these sections, employers in Arizona are obligated to provide up to 12 weeks of unpaid leave to pregnant and postpartum employees, as well as those who have recently lost a child. Rather than providing this leave to all employees, Arizona employers are only required to provide leave to those who have been with the company for at least 12 months and who have worked for at least 1,250 hours in the preceding 12 months. Similar to FMLA, this leave may be taken by fathers and mothers, but is not gender-specific.
Employer Responsibilities and Rights for Employees
Employers are obligated under state and federal law to provide employees with reasonable accommodations during pregnancy for their health conditions related to pregnancy, childbirth, or a related medical condition. The Pregnancy Discrimination Act (PDA) requires that pregnant women be treated the same as other employees with medical conditions, like hypertension, and provides women with the right to request and receive reasonable accommodations for their pregnancy-related conditions.
Arizona law sets forth what constitutes reasonable accommodations for pregnant employees in A.R.S. § 41-1463, providing that:
"A) An employer shall consider for temporary modified duty an employee who:
1. Notifies the employer that the employee is pregnant; and
2. Submits written verification from the employee’s health care provider that temporary modified duty is necessary."
"A) If an employee with a pregnancy-related condition notifies the employer of the pregnant employee’s need for temporary modified duty in writing and submits written verification from the employee’s health care provider that describes the need for temporary modified duty during the pregnancy, the employer shall place the pregnant employee on temporary modified duty for as long as the condition necessitating the temporary modified duty continues. An employer shall post a notice in a conspicuous location informing employees:
1 . Of the right to request reasonable accommodations in writing for a pregnancy-related condition.
2. That when an employee submits a written request for reasonable accommodations for a pregnancy-related condition, the employer is required to retain the employer’s notification and the health care providers written verification until the earlier of:
a. Ninety days following the employee’s returning to work from a pregnancy-related condition.
b. The business necessity of the employer if the employer has fewer than twenty-five employees."
Employers must also provide the employee with written notice denoting that reasonable accommodations are available under Arizona law. Employers have the option to provide the written notice electronically or physically. Employers are prohibited from taking adverse employment action against employees for their use of a reasonable accommodation related to pregnancy or associated conditions.
An employee is permitted to file a charge of discrimination with the Arizona Attorney General’s Office if the employer failed to provide the notice required by state law, or if the employer has fewer than twenty-five employees and failed to place the notification on an internal and external employment policy and make it part of all employee handbooks in violation of subsection C. This charge must be filed within 180 days of the employer’s alleged failure to adopt the notice.
Job Protection and Benefits Implications
Arizona maternity leave laws afford certain protections that impact your employment when you return to work. In general, these laws apply to all employers in Arizona, but some specific requirements are only available for companies with 15 or more employees.
Job Protection
Under the Family and Medical Leave Act (FMLA), if you are eligible for leave and your company has 50 or more employees, they must hold your job for you when you return from maternity leave. Even if you are not eligible for FMLA leave, Arizona law requires that your employer hold your job for you.
There are some exceptions to job protection. In general, if your maternity leave lasts for less than 12 weeks, you are guaranteed the same or an equivalent job upon return. If you exceed the FMLA maximum of 12 weeks, then your employer does not necessarily have to hold your exact same job.
Complications arise if you experience a pregnancy complication, such as preeclampsia or gestational diabetes, that prevents you from working for more than a week before and after the baby is born. In this case, your employer may decide you are permanently disabled from working if you are unable to work eight days or more. If you are permanently disabled, your employer only has to hold your job for four months, and then they can hire someone else.
Benefits
Your employer must legally maintain your continuation of health benefits while you are on maternity leave. The rules on how long that coverage needs to be in effect differ depending on the situation.
Under FMLA, your employer must maintain your health insurance coverage for the full 12 weeks of leave, as long as you continue to pay your share of the premiums. If you do not return to work, your employer may elect to collect the entire amount of the premiums they paid for your coverage while you were on leave.
Arizona law also requires your employer to provide reasonable maternity leave so you may continue your health benefits for up to 12 weeks. If your leave lasts longer, and the employer has more than 15 employees, they must continue health coverage by paying for it entirely or by giving you a paid-up policy. Just like with the FMLA protections, you are still responsible for paying your portion of the premium.
These protections apply only to health benefits, not other types of benefits. Your employer does not have to maintain life insurance or other benefits while you are on maternity leave.
Recent Developments and Proposed Bills
In terms of recent changes in Arizona law, no laws specifically regarding maternity leave for employees have been passed on the state level. Any changes made have been proposed to address maternity leave in its broader sense and have mostly been public policy efforts. The National Partnership for Women and Families and Momnibus have both recently published calls to action aimed at Arizona state legislators urging them to update local laws that pertain to maternity leave for employees.
Both recommendations are aimed at seeing maternity leave law in Arizona evolve with the times, as neither has seen updates to their laws regarding such family leave since the 1990s. According to these organizations, outdated HR policy like the ones in place in Arizona can create difficulties in helping employees around the state navigate and take advantage of the maternity leave laws available to them.
The National Partnership for Women and Families specifically recommends extending paid family and sick leave to employees, proposing the specific paid leave personal medical limit be increased from five days to seven days and greater flexibility for caregivers to take time away from work. While many forgo maternity leave in order to maintain the healthiest possible pregnancy, surgical recovery time can be essential for others.
There are additional public policy efforts aimed at changing Arizona laws regarding maternity leave for employees, including a push for a paid family leave ordinance in Phoenix. Similarly to the laws proposed by the National Partnership for Women and Families, this proposed ordinance is viewed as an essential effort to provide family leave for new parents. Recent proposals have brought progress closer to passing a paid sick leave policy for Phoenix, an effort that local groups have been attempting to make for nearly a decade.
The proposed ordinance would guarantee workers in the City of Phoenix access to nine days of paid sick leave at the beginning of every calendar year. The ordinance would ensure that new parents would have paid time off to help care for and bond with their newborn.
Additional Resources for Arizona Maternity Leave
Arizona employees seeking additional information on maternity leave resources can contact the Arizona Department of Economic Security at 877-600-2722. DES can provide information and assistance to eligible employees covered under the federal Family and Medical Leave Act . For questions on Arizona maternity leave laws in general, employees can contact the Arizona Industrial Commission’s Apprentice Training Office at 602-542-5795. Questions about maternity leave entitlements and protections can also be directed to the United States Equal Employment Opportunity Commission at 800-669-4000 or the Arizona Division of Occupational Safety and Health (ADOSH) at 602-542-5795 or 800-970-2232.
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