Taking maternity leave can be a financial burden during the best of times, but during the economic hard times faced by many families (and companies) these days, it can be downright scary to take time away from your job. What if your company experiences layoffs? Does the Family and Medical Leave Act (FMLA) provide job protection to moms (or dads) who need time off with their new family member?

First of all, it's important to understand that not every employee – or employer – is covered under the rules of FMLA. "In general, employees can request up to 12 weeks of job-protected leave for maternity under FMLA," says Raquel Garcia, human resources consultant and president of Silicon Valley Human Resources in San Jose. "However, only employers with 50 or more employees within a 75-mile radius are governed by FMLA."

As for employees, they must have worked for the company for a full 12 months, with 1,250 hours of service during the 12 months preceding their leave, in order to be eligible for coverage under FMLA.

If both you and your employer meet these requirements, you are entitled to 12 weeks of leave during a 12-month period, with the guarantee of your same position of employment upon your return – with the benefits you accrued prior to taking the leave. (However, keep in mind, this does not have to be paid leave, if you employer doesn't provide for paid leave.)

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