Motherhood in Philadelphia, a decision without public guarantees

This piece was originally published by Madre Tierra productions. The second part of this series is available here.

*This name has been changed for the source's privacy

The Center for Global Policy Analysis, in 2023, reported that “96% of countries have adopted a national paid leave policy reserved for mothers and/or shared parental leave.” However, only seven, including the United States, “have not yet adopted a national paid leave policy.”

In the United States, maternity leave is covered by the Family and Medical Leave Act (FMLA). It was enacted in 1993 and encompasses the types of leave a worker can request for various reasons related to illness, disability, or the duty to care for a sick family member. It is governed by the U.S. Department of Labor, in order to “give workers the opportunity to balance the demands of work and family,” as stated on their website.

Newborns communicate through crying, and it is at this stage, called the breastfeeding crisis, that mothers become overwhelmed by not being able to identify what they need.

However, the FMLA is applicable to public and educational agencies, and private companies with more than 50 employees within a 75-mile (120-kilometer) radius that have such coverage. It is unpaid leave for 12 weeks in a 12-month period for employees with more than 1,250 hours worked for the company requesting the leave. Assuming a woman has an 8-hour contract, Monday through Friday, this time indicates she has worked approximately 8 months without interruption.

It must be requested 30 days in advance. It only guarantees job retention and maintains health insurance coverage. Partial pay for leave days before and after childbirth is at the company's discretion.

The FMLA and its impact on the family

Kate Raymond has returned to work at the school where her water broke, about three weeks later. While she goes around the classrooms, her husband takes care of their baby at home and prepares everything for when their other child arrives home from school.

She was born in the United States and now works part-time at a school, but her contract doesn't include benefits. She doesn't qualify for FMLA. "I'm lucky my husband receives benefits. He works at the University of Pennsylvania and was able to use his personal sick time and FMLA benefits. He's paid about 60%," she explains.

Some parents struggle with bottle-feeding their children when their partners have to stop breastfeeding on demand to return to work.

Erin (born in the United States) and Ferni (a Mexican immigrant) also had to carefully plan for the arrival of their first child, Camila. She was able to leave her job months before giving birth, and he worked as many shifts as he could during the summer at the bar where he works. This way, he saved enough for the baby's arrival and the needs of his wife in Philadelphia.

“For migrants, it's more difficult (to pay for paternity leave) because if you're undocumented or have another type of job, you simply can't complain to anyone. In my case, I told my boss I needed time for my baby. Since I've been there for many years, they agreed and asked me to let them know the exact dates.”

Everything worked out as an internal agreement because “for a father, that's almost never considered, especially for one who's illegal here,” he explains, noting that his colleagues covered the shifts he took after his two-week leave period.

It's not common to grant paternity leave in private companies; however, this time is essential to support the mother in her postpartum period and to bond with the babies.

Choosing the State: A Point to Keep in Mind

Each state defines the specifics of the leave within its territory. Some states, such as New Jersey, Rhode Island, New York, Washington, the District of Columbia, Massachusetts, and California, have programs to extend benefits such as Paid Family Leave (PFL) or Pregnancy Disability Leave (PDL).

In Pennsylvania, in addition to the FMLA, the Pregnancy Discrimination Act (PDA) and the Pregnant Workers Fairness Act (PWFA) can be used.

The latter requires covered employers to provide "reasonable accommodations" to a worker's limitations related to her pregnancy, childbirth, or certain medical conditions, unless the accommodation would cause the employer an "undue hardship," explains the U.S. Equal Employment Opportunity Commission (EEOC).

The Pregnancy Discrimination Act (PDA) is an amendment that classifies any act of segregation toward a pregnant woman as unlawful sex discrimination. Pennsylvania has a pregnancy discrimination rate of 161, placing it among the 10 most hostile states, according to EEOC statistics.

While the U.S. Department of Labor statistics states that “state employees enjoy six weeks of paid leave for the birth of a child, adoption, or foster care placement,” the stories do not confirm the mandatory nature of this provision. Nor is there a specific law stipulating it.

A report on Paid Family and Medical Leave in Pennsylvania, funded by the state Department of Labor and Industry in 2017, noted that 69% of the employers involved did not offer paid family and medical leave. It also highlighted the lack of a state insurance fund that would allow companies to offset the business costs of offering this benefit.

Pregnancy discrimination statistics by state.

Incidentally, Ferni recalls that after the three weeks of leave, his bosses began asking him to return because his colleagues had worked too much and needed to be paid overtime. He refused because he had already personally coordinated with his friends to cover his shifts. Her priority was caring for the baby and Erin, who was still recovering from a C-section.

Adriana*—of Spanish origin—received similar calls three months after having her first baby, but she decided not to return at that time. She teaches at a charter school in the city, and when she received a maternity leave check, she saw a much lower amount than she expected.

The manager explained that she had 12 weeks of FMLA leave, but would only be paid for the first 30 days: those accrued for illness or personal reasons, plus five paid days provided by the institution.

The notice explained that she should return after the three months since FMLA and sick days began to run concurrently as soon as she gave birth. In other words, Adriana* had eight unpaid weeks left with her baby, not the full FMLA period. However, she did not return.

Photo by Oleg Sergeichik. A mother admires her baby in a space of trust.

“Valeria was very young; I was breastfeeding her, and I didn't want to deprive her of that by going to work. Besides, if I returned, I would have to pay for daycare, which cost almost all of my salary. She would get sick there, and I would end up having to return home to care for her.”

She decided to take a year off to care for her daughter and husband and assume financial responsibilities. Adriana* informed the school that she wanted to return the following year, but she couldn't keep the position. She had to reapply.

Having children isn't just about giving birth. The specific act of childbirth is preceded by a series of physical, hormonal, and psychological changes in the mother. This is followed by another complex period of transformations and learning through the stages of growth of a new individual. For this reason, mothers and fathers need time, and, based on this, maternity and paternity leave become more important.

Families in Philadelphia who decide to have children have something in common. They must choose whether to support their baby or find the money to support its growth. The strategies are up to them because their situation is not a public priority.

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