Maternity Benefits

[Scott]

Is there any federal law which requires that maternity benefits be included in a group health plan?

[Guest VFernandez]

Scott, I don't recall learning about maternity law(s), however, each state is different...you might want to look up your state law.

[Brigid Anderson]

I assume by maternity benefits you mean coverage for medical expenses incurred in connection with pre-natal care and childbirth (as opposed to maternity leave benefits). In that case, the Newborns' and Mothers' Health Protection Act requires certain minimum hospital stays after childbirth for both mothers and children. However, the law expressly does not require a group health plan to provide maternity benefits. Nevertheless, without violating federal anti-discrimination laws, including Title VII's general rules against sex discrimination and the Pregnancy Discrimination Act's more specific prohibitions, it would very difficult--probably impossible--for a group health plan that generally covered hospitalization, etc. to exclude benefits for maternity and childbirth.

If you mean maternity leave benefits (to recover from childbirth or care for the child), the Family and Medical Leave Act requires employers to which it applies to provide unpaid leave for this and other reasons.

Hope that helps.

------------------

[Note: This message has been edited by Brigid Anderson]

[Guest Hillary P]

No federal law requires a plan to offer maternity benefits, although the Newborns and Mothers' Health Protection Act generally requires plans that do offer them to cover minimum periods of postpartum hospitalization. And definitely do check into the law for the applicable state(s)--a number of them mandate some type of maternity coverage.

[Larry M]

Just to clarify one of Brigid's comments:

If an employer who has at least 15 employees has a plan which covers medical expenses, then that plan must consider pregnancy as if it were an illness and provide the same benefits as any illness.

Note, there are some states which elaborate on the mandate.