Work Life Balance
Massachusetts Maternity Leave Act: No Help for Mamas on Bedrest
August 11th, 2010On August 9, 2010, the Masschusetts Supreme Court ruled that the maximum amount of time a woman may be absent from her full time job for the purposes of delivering a child or adopting a child and still be guaranteed her position is 8 weeks. The ruling came as a result of a lawsuit involving a housekeeper who took 10 weeks of maternity leave and was subsequently fired from her job. She sued her employer and received more than $1million in settlement. What this ruling doesn’t do is make any provisions for women experiencing high risk pregnancies, mamas on bedrest.
The ruling is seen as a victory for businesses who have long contended that the Massachusetts Commission Against Discrimination, the governing body for the law, often rules too harshly against businesses while giving broad leeway to employees.
In a 4-to-3 ruling, the Supreme Judicial Court said the 1972 law guarantees full-time employees eight weeks off to give birth or to adopt a child, after which they are entitled to return to the same job or a comparable one. Beyond that, however, the law does not protect them.
“Once a female employee is absent from employment for more than eight weeks, she is no longer within the purview of the [Massachusetts Maternity Leave Act] and, consequently, is not afforded the protections conferred by the statute,’’ Justice Francis X. Spina wrote for the majority.
Upon first hearing of the ruling, I was outraged. 8 weeks leave is nothing, especially if a woman is high risk. She can easily blow through 8 weeks of leave on bed rest! However, The Massachusetts Maternity Leave Act is very specific. The 8 weeks is for delivery of the baby only. If a woman has complications prior to her delivery, then she is entitled to 12 weeks of unpaid leave (provided she is a full time employee, the company has more than 50 employees and she has fulfilled any probationary time or preliminary benefit requirements) as mandated in the federal Family Medical Leave Act (FMLA). The two laws can overlap and a woman can actually take 12 weeks of unpaid leave under FML, and, if she delivers within that time at say 11 weeks, then be entitled to 8 more weeks of unpaid leave for the delivery of her child. Additionally, if a woman has saved paid time off, she can also use that time to extend her leave.
So while I am feeling a tad better about MMLA, there is still the underlying issue that is nagging in the back of my mind-women are still being forced to choose between their own health and the health of their unborn babies and the needs of their families. Even in the best of circumstances, many women are not physically ready to return to work in 8 weeks. Many newborn infants have not yet established solid breastfeeding habits and most infants are awake most of the night. So we have a new mother whose body is recovering from the rigors of pregnancy, labor and delivery, who may be trying to breastfeed, who is up at all hours with her newborn, who may be suffering from the baby blues or frank post partum depression and is stressed because if she doesn’t pull it together and get back to work, she will lose even more income and quite possibly her job. And this is in a “good” scenario, one in which the woman had an uncomplicated pregnancy and a normal, uneventful vaginal labor and delivery. We haven’t even begun to discuss women who may have had pre-eclampsia, gestational diabetes, cesarean sections, who may have hemorrhaged after delivery or who develope infections post partum. We haven’t included women who go into preterm labor and who delivered premature infants who stay in the NICU for months, have medical problems and a long and complicated road ahead of then. As anyone who has been in any one or a combination of the aforementioned scenarios, It can be weeks to months for mama to fully recover from her pregnancy, all the while she may not have any income, her family may be facing financial ruin and she is completely at odds about what to do; care for her own health and the health of her newborn or risk the security of the entire family if she cannot return to work. Most women will return to work and attempt to deal with any physical, medical or emotional fall out later.
I wonder if employers ever stopped to consider the fact that they could dramatically increase productivity and employee retention of they would give more support to mamas. Currently the United states is one of few if not the only developed nation that offers no paid maternity leave. We are one of the only nations that doesn’t routinely provide childcare assistance to families in the form of onsite childcare centers and school allowances. We boldly proclaim, “No Child Left Behind!” Yet fail to realize that failure to support new and expectant mothers by default leaves their children behind-especially when mama delivers an infant with medical and/or developmental problems.
The United States can do better. Paid leave is not an impossibility nor is it “too expensive” a benefit. Consider this, if the same woman, months after delivering her child were to need a knee replacement, she would be allowed the time off and most likely would have some sort of financial compensation-even if it is a percentage of her income. If we can pay to fix her knee, shouldn’t it be that we pay for her to give birth?
But in the end, we women, especially we mamas on bed rest, are going to have to make our voices heard. I highly doubt that our predominently male leadership has ever considered the physical, emotional and financial toll having a baby places on a woman and her family. So it is up to us to bring this matter to their attention and to press them to make beneficial decisions on our behalf. Like all other social issues in our history (Women’s Suffrage, Civil Rights and Title 9) change will only come if we demand it and it’s high time that we make the needs of mamas on bed rest known and demand that those needs be met.
How did your fund your maternity leave? What were the challenges you faced? Share your story in our comments section below.
Please pass this post onto other mamas. We all need to be aware of what our lawmakers and those supposed to be advocating on our behalf are doing. We have to be the change that we seek.
Mamas on Bedrest: Should Breastfeeding be the Law?
August 4th, 2010
Mamas around the US are weighing in on the “Breastfeeding should be mandatory”statement declared by supermodel Gisele Bundchen. Mamas on Bedrest, Should Breastfeeding be the law?
There are many reasons that mothers should be encouraged to breastfeed their babies. First of all, breastmilk contains antibodies that are protective to the newborn. We all know that a newborn has a very sensitive, immature immune system. Breast Milk contains many of the antibodies and protective agents from the mother that protect the newborn from illness and disease until its own immune system becomes more competent. Research has shown that babies who breastfeed exclusively for at least 6 months have a lower incidence of allergies, ear infections and other childhood illnesses. The following are many of the cited health benefits (from www.womenshealth.gov and www.aap.org):
Breastmilk adapts to meet the nutritional needs of the nursing child. The initial colostrum that feeds a newborn is dramatically different from the mature breast milk that nourishes a nursing toddler. Yet at each stage, breast milk is just the right composition of protein, carbohydrates, fats and water needed to meet the nutritional needs of the nursing child. Breast Milk also has enzymes that make it easier to digest so that there is little to no stomach upset in the child.
And one can’t deny the economics of breastfeeding. Breast Milk is free. It is always ready, no mixing necessary and it is always the right temperature. Some breastfeeding advocates has gone so far as to say that low income women should be forced to breastfeed. Low income, less educated women are less likely than women of higher economic and educational status to breastfeed. Their children are also more likely to have frequent ear infections, allergies, asthma and other childhood illnesses. Proponents state that educating and encouraging lower income and less educated women to breastfeed their babies could reduce healthcare costs and improve the long term health, intelligence and well-being of lower income children. (There is currently no data to support these claims)
But opponents of mandatory breastfeeding state that breastfeeding is not for every mom. Many women cite pain, inability to produce sufficient quantities of milk, lack of support for breastfeeding amongst their famiies and friends, work schedules and feeling embarrassed while nursing as reasons they did not breastfeed for very long or at all. Still, breastfeeding has many benefits for mama as well including:
- Reduced risk of breast, ovarian, cervical, and endometrial cancers
- Reduced risk of anemia
- Protection against osteoporosis and hip fracture in later life
- Reduced risk of mortality for women with rheumatoid arthritis has bee associated with total time of lactation
- Helps mother’s body return to its pre-pregnancy state faster-promotes weigh loss; 1/2 of calories needed to make milk is pulled from fat stores
- Helps delay return of fertility and to space subsequent pregnancies
- Moms miss less time from work due to child related illnesses
- Helps the uterus contract after birth to control postpartum bleeding
And althoug it is not listed here, breastfeeding has been linked to reduction in post partum depression. (Read our previous blog posts -April and May 2010-on the topic!)
US culture does not support breastfeeding as evidenced by restaurants and other public establishments banning breastfeeding or banishing breastfeeding mothers to restrooms to feed their babies. Breastfeeding mothers have had to file lawsuits to be able to breastfeed their babies or to have breastfeeding/breast pumping areas available in their workplace. The US’s lack of paid maternity leave makes it nearly impossible for new mothers to establish breastfeeding. When faced with the choice of staying home to breastfeed and/or adjusting their work environments or schedules in order to breastfeed, many women are not only unwilling but are also unable to make such concessions. Many women say they won’t have a job to come back to and can’t put their entire family’s security in jeopardy.
The breastfeeding debate will wage on and every mama will have to decide for herself what is the best method of feeding her baby. Since August is World Breastfeeding Month, Mamas on Bedrest, take this time on bedrest to consider what is the best method for you to feed your baby and if it is breastfeeding, gather your resources and support now. Mamas on Bedrest & Beyond is pleased to offer several resources for breastfeeding mamas on our website as well as in our Amazon.com store.
How are you planning to feed your baby? Share your comments with us below.
If we can be of assistance, don’t hesitate to contact us at info@mamasonbedrest.com
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Funding for Mama on Bedrest: Uplifiting Update
June 15th, 2010I awoke to a call this morning from the Mama on hospital bed rest. She had her little boy at 1 am at 29 weeks and 3 days gestation. He weighed in at just 3 lbs. Although he is very small, he seems to be doing very well. However, he will have to remain in the NICU until he is closer in age to his due date-August 28th. It was so nice to hear from her and I was so pleased that she took the time to call me and to update me on her situation. But I was most heartened to hear of her future plans. This is one mama on bed rest who won’t be down for long!
For those who don’t know the story, this very sweet single mama called me several weeks ago to see if I had any financial resources. She had gone into preterm labor at her job as a fast food restaurant manager and her employer was only allowing her 6 weeks of leave. She was 16 weeks away from her due date when she was placed on bed rest. So this soon to be unemployed, uninsured mama went to work-getting funds for her family that is. She had signed up for Medicare and was now covered for her medical benefits. But she still had no income. We found a couple of emergency grant programs and she actually qualified and received one.
As I spoke with her today, she told me that she wanted more security for her family. She opted to be “let go” from the fast food franchise and to collect unemployment. In the meantime, she is going back to school to earn an EMS certification or Certification in forensic science. These jobs pay far more than her manager’s position, offer benefits, room for advancement and most importantly, support her need to support her children-not only financially, but also to be present and to be a hands on parent.
I have since called her back to advise her of some resources for her son. The first is a new organization run by my friend
Kelli Kelley called “A Hand to Hold”. This non-profit organization pairs new parents of preemies with “veteran” preemie parents to help the former navigate the potential perils and pitfalls of raising a premature child. The organization is still in the pre-launch phase but will launch its full list of services and resources for families of preemies in the coming weeks. As part of the launch, they are hosting a discussion night with Dr. Jennifer Gunter, author of the book, The Preemie Primer. The meeting is free and I think that the information and resources this mama will come 
away with will serve her for years.
I am so thankful to have had the opportunity to be involved, even if just a little bit, in this mamas pregnancy journey and I am most heartened that it seems to be having a happy ending.
