Parental leave laws are extremely important, as they help promote family bonding and recuperation following the addition of a new member of the family. There are different types of leave, such as maternity and paternity leave.
Maternity leave allows a new mother to recover, rest, and bond with a new child before returning to work. Research shows that adequate maternity leave can help prevent stress and depression in mothers as well as increase the probability that their babies will receive well-baby care as well as lowering the infant mortality rate and the mortality rate of young children.
Paternity leave has similar benefits. It allows for the important bonding between a father and a new child, which can benefit the family as a whole. It also helps to promote working women.
Statistics show that women typically work the same or more hours as their male counterparts as well as fulfill many more hours of childcare responsibilities once they are home from work. Paternity leave can help promote increased participation of the male spouse in caring for the children, which can relieve their female partner of some of the burden.
What Are Parental Leave Laws?
Parental leave laws fall under the Family and Medical Leave Act (FMLA), a federal law that requires specific employers to provide employees with job protected and unpaid leave for qualifying medical and family circumstances. The FMLA provides unpaid leave for up to 12 weeks.
Family leave may include time off for either parent, mother or father, who is welcoming a child into their family through birth, adoption, or surrogacy. The FMLA applies in all states in the United States and eligible employees are generally entitled to:
- Twelve work weeks of unpaid leave in a twelve month period for:
- The birth of a child and caring for the newborn child within the first year of its birth;
- The placement of a child for adoption or foster care and to care for the child within the first year of placement;
- Providing care to the employee’s spouse, child, or parent who has a serious health condition;
- For the employee whose serious health condition makes the employee unable to perform the essential functions of their job; or
- For any qualifying situation that arises because the employee’s spouse, child, or parent is a covered military member on “covered active duty;”
- Medical or health benefits during the period of leave; and
- The right to return to their original position when the leave ends and they return to work.
Who Qualifies for Parental Leave?
In order for an employee to be eligible for coverage under the FMLA, the following criteria must be met:
- They must have worked for the employer for the last 12 months;
- They must have worked at least 1,250 hours in those last 12 months; and
- They must be employed by an employer that is covered under the FMLA.
The employee must also experience a qualifying life event occur that would trigger a need for the FMLA, such as:
- The birth and care of a newborn child;
- The placement of an adopted or fostered child, that was placed within one year since applying for leave;
- The employee has to care for an immediate family member who has a serious health condition;
- The employee has a serious condition which makes them unable to perform essential functions of their job, including pregnancy or prenatal care; or
- The employee’s spouse, child, or parent is an active military service member who is called to active duty.
In general, employees are limited to 26 weeks of combined leave in a 12 month period. In most cases, an employee cannot lose their job when they take FMLA leave.
Maternity leave can be granted federally through:
- The Family and Medical Leave Act;
- State law; or
- An individual’s employer.
An employer may also provide paternity leave to ensure that the other parent gets leave to care for the new baby and the birthing parent. The following categories of employers are required to provide unpaid FMLA maternity leave to their employees:
- Federal government employers;
- Public employers; and
- Private employers that have 50 or more employees and are involved in interstate commerce.
If the birthing parent is incapacitated or experiences birth complications, they may be able to take additional FMLA leave during this period. A spouse may also be able to take extra time off to care for the parent who suffered a birth complication, if necessary.
How Do I Apply for Parental Leave?
According to the United States Department of Labor, an employee will generally need to provide notice 30 days in advance of when they anticipate to start their FMLA leave. This may not always be possible, so it is important to notify an employer as soon as possible so that neither party is in violation of the FMLA.
An employer can ask the employee to provide evidence that the requested leave actually qualifies for FMLA standards. This is why it is generally recommended that an individual contact an attorney as soon as possible when requesting FMLA leave.
The steps required to take FMLA leave include:
- Notifying the employer when the employee needs leave;
- The employer must notify the employee whether they are eligible for leave within five business days;
- If requested, the employee must provide a completed certification to their employer;
- If the leave is designated as FMLA leave, it will be protected; and
- When the employee returns to work, they must be returned to the same or a nearly identical position.
What Are Employer Responsibilities Related to Parental Leave?
Employers have certain responsibilities under the FMLA related to parental leave. In some states, more coverage is provided under state laws.
The FMLA may also apply in states that offer little to no family and medical leave under state law. It is important to note that not all employers fall under the FMLA.
Federal law provides that employers are required to provide all eligible employees with leave under the Act if the employer meets one of the following criteria:
- The employer is a state, local, or federal governmental agency;
- The employer is a private business that conducts interstate commerce, with fifty or more employees that work twenty or more weeks in one year; or
- The employer engages in commerce or in an industry that affects commerce;
- Almost every business meets this requirement.
The FMLA requires that covered employers preserve health benefits for all eligible workers. In addition, during leave, the employee’s position is protected, meaning that they can not be terminated.
An employer cannot reprimand their employees for taking leave or discriminate when granting FMLA leave. States and districts that have paid family leave programs under state law include:
- California;
- New Jersey;
- New York;
- Rhode Island;
- Washington;
- Oregon;
- Connecticut;
- Massachusetts; and
- The District of Columbia.
An employer may also allow an employee to use their sick or vacation leave to cover the days away from work. An employer cannot use FMLA leave as an adverse factor in any future employment evaluations, such as promotions or raises.
If an employer denies leave when an employee is qualified, they may face legal consequences. This may include facing a civil lawsuit that may require them to compensate the employee and their spouse for any losses incurred due to the denial of benefits.
Although an employer may think providing leave will cause staffing issues, it will actually likely increase their employment, cause employees to stay with the employer longer, and result in happier, more productive employees who are better connected with their families.
What Are Some Tips for Balancing Work and Family?
Balancing work life and family life is a common struggle among all working adults. Most parents want to provide their children with the best they can, which often requires a lot of hard work.
Most individuals also want to be able to spend quality time with their family members. Having a healthy balance between work and family life can give an individual a feeling of control over meeting their work goals and their life goals.
This can make them feel happier, healthier, and overall more satisfied in their career. It can also help them be more productive and have better quality relationships both at work and at home.
Tips for balancing work and family include:
- Limit activities that are not essential;
- Unplug from technology;
- Consider saying no to additional work;
- Review a schedule;
- Communicate goals and needs to both employers and family members;
- Explore options for flexible employment with a current employer; and
- Spend quality time with loved ones.
Should I Contact an Attorney?
If you are considering taking FMLA leave or are simply seeking other ways to find a balance between your work life and family life, it would be helpful to consult with a family lawyer. Your lawyer can advise you of the leave laws in your state, whether they cover more or less than the FMLA, and what you may qualify for.
Balancing work and family is an essential component of happiness and satisfaction, both at work and at home. Your lawyer may also be able to refer you to other helpful professionals who can help you make the most of your precious time.
