Do Surrogates Get Maternity Leave?

One of the most common questions we get is “Do surrogates get maternity leave?” We’re here to help you understand what maternity leave looks like for surrogate mothers.

Recovering postpartum is hard, and many women need time away from work in order to return to their normal routines. When you become a gestational surrogate, it’s no different. But you may have questions about whether you qualify for surrogate maternity leave if you’re not bringing a child home from the hospital.

Depending on your employer and surrogacy agency, maternity leave for surrogates may be available. In this guide, we’ll explain what it takes to qualify for maternity leave for surrogates to help you as you navigate life postpartum.

If you would like to speak with a surrogate specialist about how much maternity leave you qualify for, then contact us online now to receive personalized support.

Do Surrogates Get Maternity Leave?

As a gestational carrier, it’s normal to wonder do surrogates get maternity leave. Although you won’t be taking a baby home, you still qualify for Family and Medical Leave Act (FMLA) as long as you meet the normal eligibility requirements.

Through FMLA, you can take up to 12 weeks of surrogate maternity leave, unpaid to recover from the “serious medical condition” of pregnancy.

Even though you won’t be taking care of a child, you will still need time off to physically recover and your job will be protected for up to 12 weeks.

Can You Work While Being a Surrogate?

Yes, you can work while being a surrogate. But, if you work weekdays, you may have to miss work for medical or psychological screenings, doctors’ appointments, the embryo transfer day and OBGYN appointments. Preparing your employer ahead of time can help them prepare for your surrogate maternity leave.

Also, you may need to consider job modifications depending on what you do. Some accommodations include more frequent restroom breaks and the ability to sit down more frequently then what’s usually allowed.

How to Qualify for Maternity Leave for Surrogate Mothers

If you’re wondering do you get maternity leave as a surrogate through FMLA, there’s certain requirements you must meet. In order to qualify for FMLA, you must:

  • Work for a covered employer
  • Work 1,250 hours during the 12 months prior to the start of leave
  • Work at a location where the employer has 50 or more employees within 75 miles
  • Have worked for the employer for 12 months

How to Talk To Your Employer About Maternity Leave for a Surrogate

Talking to your employer about taking surrogate maternity leave ensures that all your bases are covered following your surrogate pregnancy. Be honest and upfront as much as you think is necessary in your surrogacy journey. Your job will be protected, but notifying your employer can ensure your responsibilities are handled during your maternity leave as a surrogate.

Your surrogacy attorney can help you prepare by making you aware of your local workers’ laws and the compensation policies you’re eligible for. Prepare yourself with a list of talking points and questions so you know exactly what you want to say to your employer. Here are some tips to help you prepare for this conversation:

  • You’ll want to wait until you’re 20 weeks along to tell your employer about the pregnancy. A lot can happen in the first stage of the surrogacy process and there’s a chance that some things might not work out.
  • As the surrogate, you get to decide whether you want to tell your employer if you’re carrying a gestational pregnancy.
  • Avoid giving your employer a set time when you’ll be out of work. Many surrogates recover quickly but you don’t want to force yourself to go back to work too soon. Make sure you take the time you need to rest during your surrogate maternity leave.
  • Consider what you want to share with your co-workers about your pregnancy. You can help them learn about the surrogacy process if that’s something you want to share.

These conversations about maternity leave for surrogates can be complicated, but you should be proud of the heroic journey you’re embarking on.  Our surrogate specialists at American Surrogacy will help you as you navigate life as a gestational carrier. You’ll never be alone on this journey.

Learn More About Maternity Leave for Surrogate Mothers

Still wondering do you get maternity leave if you are a surrogate? Contact us online now to see how much surrogate maternity leave you qualify for. Our specialists are ready to help. 

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