Providing Pregnancy and Parental Leave
Some employers must allow employees to take time off for pregnancy or a new child.
Not many employers provide paid maternity or paternity leave to the new parents in their workforce. No federal law requires you to offer paid time off to new parents.
Although a handful of states, such as California, give employees paid time off for the period they are physically unable to work due to pregnancy and childbirth, this time off is generally paid out of state temporary disability insurance programs (which are funded by withholdings from employees' paychecks), not out of an employer's own pocket.
Providing unpaid leave, however, is a different story.
Federal and State Requirements
The federal Family and Medical Leave Act (FMLA) requires larger employers to provide up to 12 weeks of unpaid leave per year to workers who need to care for a new child (either by birth or by adoption), to care for a seriously ill family member, or to recover from their own serious health condition. For more details about who is covered by the law, what leave the law requires, and notice and certification requirements, see Providing Family and Medical Leave.
FMLA leave can be used as pregnancy or parental leave in certain situations. Here are some of the rules that apply:
- Pregnancy leave. Pregnant employees are entitled to use FMLA leave if complications from pregnancy constitute a serious health condition. As a practical matter, if a woman's doctor determines that a period of leave is medically necessary, she will be able to use FMLA leave for that purpose.
- Parental leave. New parents may use FMLA leave as parental leave following the birth or adoption of a child, or the placement of a foster child. This leave may be taken any time during the first year after the new child arrives.
- Intermittent parental leave. Parental leave may be taken intermittently, but only with your permission. For example, new parents may wish to work part-time for a period or take some leave immediately following the birth and some leave later. As long as you agree, you and your employee can work out a flexible leave arrangement under the FMLA.
- Combining parental leave. If both parents work for you (and are married to each other), you may restrict them to a combined total of 12 weeks of parental leave. (This rule does not apply to an employee who must take time off for her own serious health condition, however. So if your employee had a difficult birth and is unable to work for 12 weeks, you will also have to provide her husband with 12 weeks of parental leave, if requested.)
Some states require you to provide more than 12 weeks of leave, particularly if the leave is for "maternity disability" -- the legal term for the period of time when women are actually unable to work because of pregnancy and childbirth.
Your Policies
Your own employment policies may obligate you to provide paid leave to pregnant employees and new parents. Generally, if you make paid personal or medical leave available to other workers, you must make it available to pregnant employees and new parents. For example, if you provide paid leave to employees who are temporarily disabled (unable to work) for medical reasons, you must make this leave available to employees who are unable to work because of pregnancy.
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