Navigating Maternity Leave: Essential for Mothers and Businesses
Written by: Carin Vreede
Last updated: 24 May 2023
Table of contents
- What is Maternity Leave?
- Types of maternity leave available
- Differences with paternity leave and parental leave
- Laws and policies on maternity leave
- Requesting maternity leave
- Maternity leave policies of employers
- Maternity leave benefits
- Navigating the process of receiving benefits
- How to determine the best time to take leave
- Medical reasons for leave
- What is adoption and foster care leave
- Rights of adoptive and foster parents
- Differences from maternity leave for birth mothers
- How much pay can you expect
- Taking paid and unpaid parental leave
- Balancing the need for time off with financial considerations
- What to do if your employer violates a law
- Returning to work after maternity leave
- Considerations for not returning to your job
What is Maternity Leave?
Maternity leave is a period that allows expecting mothers to take time off from work to bond with their newborn or newly adopted child. It is typically taken around the time of birth or adoption and can range from a few weeks to several months, depending on the individual's laws, policies, and employer.
Types of maternity leave available
Paid leave allows workers to take time off work, usually for childbirth or when vacation is needed. Maternity leave is an extended period of paid time off given to expectant and new mothers to care for a newborn baby without sacrificing income and job security.
Not only does this ensure that mothers have the time and energy to welcome a new life into the world correctly, but it also benefits employers by allowing them more time to find the best suitable candidate for the position and to plan for employee absences. Paid leave is essential in creating a positive working climate and eliminating any discrimination based on pregnancy.
Taking unpaid maternity leave can be a challenging decision for a working parent. While this scenario may not suit everyone, it's essential to know that you have rights under the FMLA to take up to 12 weeks without pay to care for your family and new baby.
Unpaid family leave is invaluable and an incredible opportunity to bond with the newest addition while ensuring the job security of their parents. With additional measures such as protection from workplace discrimination and reinforcement of healthcare benefits, unpaid maternity leave can be a beneficial experience for any eligible employee.
Short-term disability insurance is a type of coverage that an employer can offer to cover some of an employee's wages during their maternity leave. This type of leave is usually taken for health reasons related to pregnancy or childbirth and is often combined with paid and unpaid leave.
Generally, the coverage provided by this type of insurance depends on the policy purchased. Employers may offer different levels and coverage types ranging from partial to total wage replacement.
In addition, most short-term disability policies also provide extra benefits such as payment for doctor visits, hospitalization costs, prescription medications, physical therapy services, and more. These additional benefits will vary depending on the specific policy chosen by the employer.
Furthermore, most policies also provide a Disability Benefit Period, the time the employee will receive income protection while taking maternity leave. This period typically lasts up to six weeks to twelve weeks after childbirth or pregnancy complications arise.
Differences with paternity leave and parental leave
To better understand the difference between parental and family leave, we can define these two types of paid leave.
Paternity leave is when fathers can take paid or unpaid leave from work to bond with their newborn child. Although the United States does not have a national paternity leave policy, some employers offer paid paternity leave as part of their employee benefits package.
Paternity leave can be beneficial for fathers, mothers, and children. Fathers who take paternity leave are more likely to be involved in their child's life and have a closer relationship with their child. Mothers who have a partner who takes paternity leave are more likely to return to work after childbirth and are less likely to experience postpartum depression.
Children of parents who take paternity leave are more likely to have better cognitive skills and social skills.
Paid Parental Leave
Paid Parental leave is a broader term that includes both maternity and paternity leave. Paid Parental leave is a period off, usually provided by employers, that is granted to parents after the birth or adoption of their child. It is typically paid and may range from a few weeks to several months.
Although employers have no legal requirement to offer paid parental leave, more and more organizations are seeing the benefits of providing this type of benefit to their employees.
By giving workers an opportunity for time off with their newborn, employers can not only increase employee satisfaction but also help lower employee turnover rates by decreasing work-related stress.
Additionally, offering paid family leave gives employers an edge when recruiting new talent and could potentially reduce absenteeism due to childcare issues and improve workplace diversity.
Laws and policies on maternity leave
In the United States, the Family and Medical Leave Act (FMLA) guarantees eligible employees up to 12 weeks of unpaid leave for a particular family and health reasons, including the birth of a child.
However, not all states have laws providing additional rights and protections beyond the federal government's mandates.
Many states have laws that provide additional rights and protections to employees who take maternity leave. For example, California's Paid Family Leave program provides partial wage replacement for eligible employees who take time off work to bond with a new child.
Employers are also free to create their policies regarding maternity leave, and many companies have more generous policies than what is mandated by law. It's crucial for expecting mothers to familiarize themselves with their employer's policies regarding maternity leave to understand their rights and make informed decisions about their break.
Understanding maternity leave is essential for expecting mothers. It provides them with the knowledge of the different types of leave available, laws, policies, and employer policies that govern maternity leave, thus allowing them to make informed decisions about their leave and advocate for their rights.
Additionally, understanding the differences between maternity, paternity, and parental leave will give an idea of how the options differ and how it might impact them.
Requesting maternity leave
When it comes to requesting maternity leave, timing is essential. It's best to inform your employer as early as possible to give them time to plan for your absence and make arrangements for coverage while you're away.
The exact timing of your notification will depend on your employer's policies, but as a general rule, it's best to give your employer from four up to six weeks notice before you plan to take leave.
In addition to timing, it's essential to be clear and detailed in your request for leave. This means providing the start and end dates of your leave and any additional information your employer may need, such as who will be covering your duties during your absence.
Additionally, you'll want to be clear about any special considerations or accommodations they may require due to your pregnancy, such as frequent breaks or the ability to work from home.
It's also important to be prepared for any questions your private employers may have about your leave. This means having all necessary documentation, such as a doctor's note or a copy of your company's maternity leave policy, ready to present to your employer when you request your leave.
When requesting your leave, it's also important to be aware of any deadlines or time limits that may apply. For example, some employers may require that you request leave within a certain time frame to be eligible for certain benefits. Be sure to familiarize yourself with deadlines or time limits to ensure your request is made promptly.
Communication with Employer and HR department
After you have informed your employer of your plans to take maternity leave, staying in communication with them throughout the planning process is essential. This means keeping your employer informed of any changes in your anticipated leave dates and any special considerations or accommodations you may need during your leave.
It is also essential to communicate with your HR department during this process. They can provide information about your company's maternity leave policies and any benefits or compensation you may be eligible for during your leave. They can also answer any questions about your rights and protections during your leave.
It's also a good idea to establish a point of contact within your company, such as a supervisor or HR representative, to whom you can reach out with any questions or concerns that may arise during your leave. This will ensure that you have a dedicated resource to assist you throughout the process.
It's important to remember that effective communication during this process is a two-way street. Not only should you communicate your needs, but your employer should also keep you informed about any changes or developments that may impact your leave.
In summary, requesting maternity leave requires careful planning and communication with your employer and HR department. By following best practices for requesting leave, staying informed about deadlines and company policies, and maintaining open communication throughout the process, you can ensure that your maternity leave is as smooth and stress-free as possible.
Furthermore, open and clear communication with your employer and HR will help in the smoothing process, including the arrangement for coverage during your leave and the continuity of your work when you return.
Maternity leave policies of employers
How individual employers and government employers handle maternity leave can vary greatly. For example, some employers may offer generous paid leave policies, while others may not offer any paid leave at all.
Some employers may be more flexible in accommodating leave over a more extended period, while others may require that leave be taken all at once.
Government employers, such as the federal or state governments, also handle maternity leave differently. For example, the Family and Medical Leave Act (FMLA) guarantees eligible employees up to eight weeks of unpaid time for a particular family and health reasons, including the birth of a child. However, not all states have laws providing additional rights and protections beyond the federal government's mandates.
It's important for expecting mothers to familiarize themselves with the specific policies and laws that govern maternity leave in their state and their employer's policies to fully understand their rights and make informed decisions about their leave.
Finding Your Company's Policy
If you're an expecting mother, it's essential to know your company's maternity leave policy so that you can plan accordingly. The best place to start is by reviewing your company's employee handbook or checking your company's website for information about its policies.
You can also reach out to your HR department for more information. They can provide information about your company's maternity leave policies and any benefits or compensation you may be eligible for during your leave. They can also answer any questions about your rights and protections during your leave.
Maternity Leave Policies in Small Businesses
Small businesses may handle maternity leave differently than large companies. Due to the smaller size and limited resources, small businesses may not have the same capabilities or policies in place as larger companies.
For example, small businesses may not have the same financial resources to provide paid maternity leave or the same flexibility in terms of leave arrangements.
Additionally, small businesses may not have an HR department or a designated employee handbook that outlines their policies. This means that expecting mothers may have to communicate directly with their employers to understand their rights and options for maternity leave.
However, small businesses may be more open to accommodating leave over a more extended period or allowing flexible working arrangements. Additionally, some small businesses may be covered by the state-mandated Family Medical Leave Act (FMLA), which guarantees eligible employees up to 12 weeks of unpaid time for a particular family and health reasons, including the birth of a child.
It's crucial for expecting mothers in small businesses to understand their rights under the state laws and FMLA and to communicate with their employer directly to understand the company's specific policies and options. This may include discussing accommodations, flexible working arrangements, and potentially leave plans to balance the needs of the business and employees.
In conclusion, maternity leave policies can vary significantly among individual and government employers. It is vital for expecting mothers to familiarize themselves with their employer's policies and state or federal laws that govern maternity leave to make informed decisions about their leave and advocate for their rights.
Additionally, small businesses may handle maternity leave differently than larger companies, so expecting mothers in small businesses may need to be more proactive in understanding the specific policies and accommodations available to them.
Maternity leave benefits
Expecting mothers may be eligible for various benefits while on maternity leave, depending on their employer and state laws. Some of the most common benefits include:
Some employers may offer short-term disability insurance that covers a portion of an employee's wages during their maternity leave. This type of leave is typically taken for health reasons related to pregnancy or childbirth and is usually combined with paid or unpaid off.
Expecting mothers may continue to be eligible for health insurance benefits while on maternity leave. This means you can continue receiving medical care for yourself and your child without interruption.
Paid Family Leave
Some states have paid family leave laws that provide a certain amount of paid leave for expecting mothers. This benefit can vary depending on the state and the employer, but generally, it is used to bond with a new child or to care for a family member with a serious health condition.
Some state laws and the Family and Medical Leave Act (FMLA) may provide job protection while on maternity leave. This means that your employer is required to hold your job for you while you are away and to return you to the same or an equivalent position when your leave is over.
Navigating the process of receiving benefits
Communicate with the HR department
The first step in navigating the process of receiving benefits is to communicate with your HR department. They can provide information about your employer's benefits and help you understand the application process.
Submit necessary documentation
You will likely be required to submit certain documentation to prove your eligibility for benefits. This may include a doctor's note or proof of your pregnancy. It is important to have this documentation ready and to submit it on time.
Understand the deadlines
Benefits may have specific deadlines that you need to meet to be eligible. Understanding these deadlines and submitting your application on time is important.
Follow up on your application
After submitting your application, it is important to follow up with your HR department to ensure that it has been received and processed. If you have any questions or concerns during this process, be sure to reach out to your HR department for assistance.
Appeal if necessary
You may have the right to appeal the decision if your application is denied. If so, you should do so as soon as possible and be prepared to provide additional documentation or information to support your appeal.
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How to determine the best time to take leave
Deciding when to take maternity leave can be difficult for expecting mothers. Factors to consider when determining the best time to take leave include your health, pregnancy and childbirth, work schedule and family's needs.
One of the most important factors is your health and your unborn child's. You should speak with your doctor to understand your pregnancy and childbirth and know if any health reasons may require you to take leave earlier or later than usual.
Your Work Schedule
Another important factor to consider is your work schedule. If you have an important project or deadline, it may be best to wait to take leave until it is completed. Additionally, some employers may have specific leave policies that require employees to take leave all at once, so you should factor that into your decision.
The needs of your family
Lastly, it would help to consider your family's needs when deciding when to take leave. For example, if your partner is also taking leave or you have other children who will need care during your absence, it may be best to coordinate your leave with theirs.
Medical reasons for leave
Some expecting mothers may need to take leave for health reasons before or after giving birth. This could be due to high-risk pregnancy, gestational diabetes, pre-eclampsia, premature birth or other medical conditions that require close monitoring or special care. In these cases, it is crucial to speak with your doctor to understand your situation's specifics and plan for leave accordingly.
Additionally, it's crucial for expecting mothers to communicate with their employers and HR department about their specific needs. This may include the need for accommodations, flexible working arrangements, or detailed leave plans to balance the needs of the business and employees.
In summary, deciding when to take maternity leave requires careful consideration of various factors, including your health, work schedule, and family's needs.
It's essential to communicate with your doctor and employer to understand your rights and options and make the best decision for you and your unborn child.
Additionally, women who may need to take leave for health reasons should pay extra attention, as some medical conditions may require extra care and attention, and mothers should discuss those with the medical practitioner and employer.
What is adoption and foster care leave
Adoption and foster care leave are types of leaves that are available to parents who have adopted or taken in a foster child.
These types of leaves are similar to maternity leave for birth mothers but are available to both mothers and fathers and adoptive or foster parents. The purpose of these leaves is to provide parents with time to bond with and care for their new child or children.
Rights of adoptive and foster parents
The rights of adoptive and foster parents regarding leave can vary depending on the state and the employer. Many states and employers have policies that provide some form of leave for adoptive and foster parents.
Some states have their own family and medical leave laws, while others follow the federal Family and Medical Leave Act (FMLA). The FMLA Leave guarantees eligible employees up to 12 weeks of unpaid holiday for certain family and health reasons, including a child's adoption or foster placement.
Differences from maternity leave for birth mothers
Maternity leave for birth mothers and adoption and paid family care leave are similar in that they both provide parents with time to bond with and care for their new child. However, there are some critical differences between the two types of leave.
- Eligibility: Maternity leave is only available to mothers, while adoption and family leave are available to both mothers and fathers and adoptive and foster parents.
- Length of Leave: Maternity leave can typically last several months, while adoption and foster care leave is generally shorter and vary depending on the state and employer.
- Paid vs Unpaid: Some states offer paid leave for mothers, while others do not. On the other hand, adoption and family care leave are generally unpaid, though some states may have laws that provide some form of paid leave.
- Job Protection: Some states and the FMLA may provide job protection for mothers on maternity leave, but this may not always be the case for adoption and paid family care leave.
It's important for adoptive and foster parents to know the laws and policies governing their leave and understand how they may differ from maternity leave for mothers. It is essential to communicate with your employer and HR to understand your rights and options and to plan for leave accordingly.
Furthermore, it is also important to know that some employers may offer adoptive and adoptive care leave as part of their parental leave policy or a combination of both, which may include mothers.
How much pay can you expect
Maternity leave can be an exciting and challenging time for pregnant mothers preparing to welcome a new child into the world. For many women, it also means taking time away from work, and for some, this can lead to financial concerns.
This is where job-protected leave, such as the Family and Medical Leave Act (FMLA) leave, and employer-provided benefits, like short-term disability insurance, come into play.
As part of the federal government's Human Resource Management (HRM), certain employees of federal agencies are eligible for FMLA leave. This provides certain employees with unpaid, job-protected leave for up to 12 workweeks in a 12-month period for the birth of a child, and for the care of a newborn child within one year of birth.
Additionally, many healthcare providers, including insurance companies and employers, offer short-term disability coverage for expectant mothers, which can help to alleviate some financial concerns.
This coverage can provide partial wage replacement during a certain period of time, such as during maternity leave.
It's important to communicate with the HR to understand the specifics of your employer's short-term disability policy, including what medical conditions are covered, how long the coverage lasts, and how much pay you can expect.
Also, it's also essential to be aware of any state-mandated short-term disability programs and to determine whether you're eligible and how they can supplement employer-provided coverage.
When it comes to maternity coverage, there are many factors to consider, including personal days, vacation time, and unpaid family leave policies. Employers may also offer benefits such as flexible spending accounts and health insurance plan, which can help cover expenses related to a child's birth, including C-section delivery and postpartum recovery.
It's essential to plan ahead and understand the length of standard maternity leave length, average weekly wage, and the requirement that employers may have for medical certification. Additionally, many women may have access to paid time off and other benefits.
By being informed and understanding the specifics of your employer's policies and programs, new parents, particularly mothers, can make informed decisions about taking time off work to recover and care for their new child while also receiving disability insurance and financial support to maintain their standard of living.
Taking paid and unpaid parental leave
New parents have various parental or family leave options, including paid and unpaid leave. The options available to them depend on the employer and state laws. The most common options include the following:
Some employers may offer paid family leave to parents. This can include maternity and paternity leave, adoption and adoptive care leave. The amount of paid leave offered and how it's compensated can vary widely depending on the employer's policies, and some companies may have different policies for different groups of employees.
Unpaid leave is often provided by the Family and Medical Leave Act (FMLA), which requires certain employers to provide up to eight weeks of unpaid leave for specific family and health reasons, including the birth or adoption of a child. It's important to note that the FMLA covers not all employers, and some states may have their own family and medical leave laws that provide different rights.
Some employers may provide short-term disability insurance that covers a portion of an employee's wages during their leave. This type of leave is typically taken for health reasons related to pregnancy or childbirth and is usually combined with paid or unpaid leave.
Paid Family Leave
Some state-paid family leave laws provide a certain amount for expecting mothers, fathers, and adoptive and foster parents.
Balancing the need for time off with financial considerations
Taking parental leave can have financial implications for expecting parents. The decision to take paid or unpaid leave can depend on the availability of the options and how it will have significant financial harm. Here are some considerations to take into account when balancing the need for time off with financial considerations:
Understand your options:
As mentioned earlier, it's important to understand the options for paid and unpaid leave available to you and to communicate with your employer and HR about the specifics of the policies. This will help you make an informed decision about which type of leave is best for you and your family.
Plan for the financial impact:
It's essential to plan for the financial impact of taking leave. For example, if you choose to take unpaid leave, you will need to prepare for the loss of income. This may mean cutting back on expenses, saving money in advance or finding alternative sources of revenue.
Consider the long-term impact: Taking leave can have a long-term impact on your career and income. It's important to consider how taking leave may affect your future earning potential and career advancement opportunities.
For example, taking a long leave may make it more difficult to re-enter the workforce or may result in a loss of seniority or promotions. It is important to weigh these long-term impacts and have a plan for how to manage them.
Take advantage of government support:
There may be government support available for those on leave, such as unemployment benefits, short-term disability benefits or paid family leave programs, it is important to check if you are eligible and apply.
Explore other options
If you cannot take paid or unpaid leave, or if it will cause undue financial hardship, other options may be available such as working from home, flexible working hours, or taking a leave of absence. It is worth exploring these options and finding a solution that works for you and your family while also considering the long-term impact on your career and income.
Taking parental leave can have financial implications for expecting parents, it is important to consider all options and plan accordingly.
It is important to understand the specifics of the policies and have the plan to address the financial impact of taking leave. The decision to take paid or unpaid leave should also consider the long-term impact on career and income, and it's worth exploring other options if paid or unpaid leave will cause undue financial hardship.
Additionally, it's also important to check if government support is available and apply if eligible.
What to do if your employer violates a law
Expecting mothers have certain rights under state and federal laws related to maternity leave.
These rights include but are not limited to, the right to take leave for the birth or adoption of a child, the right to return to their job after leave, and the right not to be discriminated against for taking leave.
Employers are required to comply with these laws, and if an employer violates them, it can be considered a violation of the employee's rights.
Suppose an employee believes that their employer has violated a state or federal law related to maternity leave. In that case, they can take a few steps to address the violation.
The first step is to try and resolve the issue informally by talking to the employer or the human resources department. If this does not resolve the issue, the next step is to file a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or the state's labour department.
Overview of Resources Available to Protect Your Rights
Expecting mothers also have access to various resources that can help them protect their rights under state and federal laws related to maternity leave.
Some of these resources include:
- Employee Assistance Programs (EAP): Many employers offer EAPs that provide employees with confidential counselling and support services, including legal advice.
- Government Agencies: Federal and state government agencies, such as the EEOC and the state's labour department, enforce maternity leave laws. These agencies can provide employees with information about their rights and investigate and resolve complaints.
- Non-Profit Organizations: There are also non-profit organizations that focus on protecting the rights of expecting mothers and provide information, resources, and legal assistance.
- Legal representation: Employees can also seek legal representation to help them assert their rights under state and federal laws related to maternity leave.
It's important to be aware that there may be time limits in place to file a complaint, if the employer violated the law, it is essential to act promptly.
In addition, it is also important to know that some employers may have mandatory dispute resolution processes like arbitration, so it is important to check the employer's policy and follow the proper channel if filing a complaint.
In conclusion, expecting mothers have certain rights under state and federal laws related to maternity leave, and employers must comply with these laws.
Suppose an employee believes that their employer has violated these laws. In that case, they can take steps to address the violation, such as talking to the employer, filing a complaint with a government agency, or seeking legal representation.
Additionally, various resources are available to protect the rights of expecting mothers, and it is important to be aware of them and use them if needed.
Returning to work after maternity leave
Returning to work after maternity leave can be challenging and emotional for many new mothers. The transition back to work can be made easier by having a plan and open communication with your employer and HR. Some tips to help make the transition back to work smoother include:
- Gradual return: Gradual return, also known as phased return, is a process in which an employee returns to work gradually, usually over a period of several weeks. Gradual return can help ease the transition back to work and make it less overwhelming for the employee.
- Schedule a meeting: schedule a meeting with your manager and HR to discuss your return to work and to establish an action plan that works for you.
- Flexibility: If possible, discuss the possibility of a flexible schedule to ease the transition back to work. This could include flexible work hours, working from home, or job sharing.
- Childcare: discuss childcare arrangements and ensure that you have a reliable childcare provider for your return to work.
- Re-training: if necessary, discuss the possibility of re-training or additional support to catch up with any changes or updates since you were away.
Considerations for not returning to your job
Returning to work after maternity leave is a personal decision, and some women may choose not to return to their jobs or the same company.
Some reasons may include but are not limited to being unable to afford child care, lack of support from the employer, or the nature of the job. If a woman chooses not to return to her job, there are some considerations that she should take into account:
- Finances: The decision not to return to work may significantly impact the family's finances, and it is important to plan accordingly. This could include identifying alternative sources of income, cutting back on expenses, or finding ways to increase the family's income.
- Career: The decision not to return to work may also impact the woman's career. It's important to weigh the long-term impact on the woman's career and to consider the possibility of returning to work in the future.
- Benefits: If the woman is not returning to work, she should also be aware of the impact on her benefits, such as health insurance, pension plan, and other benefits.
- Networking: Staying connected with colleagues and professional networks can help keep the woman's skills current and open up new job opportunities.
- Self-care: Taking care of oneself, both physically and emotionally, is crucial during this time of transition. It is important to ensure that the woman is taking care of her own well-being and seeking support if needed.
Returning to work after maternity leave is a personal decision that requires thoughtful consideration. While returning to work can be a challenging transition, it can also be made easier with proper planning, open communication and support from the employer and loved ones.
On the other hand, if a woman chooses not to return to her job, it is important to plan for the financial impact, weigh the long-term impact on her career, consider the impact on her benefits, stay connected with networks, and prioritize self-care.
Maternity leave is a critical time for expecting mothers, allowing them to bond with their newborns and recover from childbirth. It is important for expecting mothers to understand their rights and resources related to maternity leave to ensure they can take the time they need to care for themselves and their new kid.
Throughout this article, we've covered various topics related to maternity leave, including understanding the different types of leave available, the laws that govern it, how to request leave from your employer, the policies of individual employers and government employers, the benefits that may be available, how to determine when to take leave, the rights of adoptive and foster parents, short-term disability and pay, options for taking both paid and unpaid leave, what to do if your employer violates a law, and returning to work after maternity leave.
It's important to note that the laws, policies and benefits of maternity leave vary from state to state and employer to employer. It is essential to understand your rights and resources specific to your situation.
Additionally, whether to return to work or not and the transition back to work is personal and should be weighed carefully.
In conclusion, understanding your rights and resources related to maternity leave can help ensure that expecting mothers have the support they need to take the time they need to bond with their new kid and recover from childbirth. It's essential to stay informed and take advantage of the resources available to protect your rights as an expecting mother.
With years of experience in the HR field, Carin has a lot of experience with HR processes. As a content marketer, she translates this knowledge into engaging and informative content that helps companies optimize their HR processes and motivate and develop their employees.
Please note that the information on our website is intended for general informational purposes and not as binding advice. The information on our website cannot be considered a substitute for legal and binding advice for any specific situation. While we strive to provide up-to-date and accurate information, we do not guarantee the accuracy, completeness and timeliness of the information on our website for any purpose. We are not liable for any damage or loss arising from the use of the information on our website.
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