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Discussion Question

How do you handle unlimited paid time off policies with maternity leave?

My company offers "unlimited PTO." Women who go on maternity leave are not allowed to take vacation leave following maternity leave. The company has no clear policy on how many days a woman is allowed to take for vacation in the year before or after having a baby. I am very cautious to not take too much leave, but also don't want to miss out on vacation time which I should be allowed to take. I am afraid to take any vacation days leading up to childbirth and get the sense I am not allowed to take any in the year after I give birth, with the exception of sick time. Are there any laws around how unlimited vacation time policies work in tandem with maternity leave?

Fairygodboss member fairygoddess

  • Fairygodboss member

    I don't believe there are laws about the intersection of maternity leave and vacation time. I'm not entirely sure what you're asking because I'm not sure whether your reference to "vacation time" is part of "unlimited PTO" because I would have assumed you only have one time of time off under your company's policy. In terms of maternity leave, are you saying there is no set policy and it's covered by maternity leave? Perhaps you should simply ask for clarification on the definitions if you'er not sure from your HR department. Then you can decide how to proceed but maternity leave laws like FMLA and those that are offered by various states (e.g. NY, CA, NJ and RI) do not account for vacation time and are independent of any company's paid time off for vacation time or sick leave.

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