Paid Maternity and Paternity Leave in the United States

Posted by BAS - 13 October, 2016

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Both employees and employers alike are interested in maternity and paternity leave. While the Family and Medical Leave Act provides job protected leave for a minimum period of time for employees who have a child, the FMLA applies to only some employers and does not require paid leave.

Many employees who want leave in connection with a child have to use paid time off, if any, under their employer’s PTO policies.  Other employees take unpaid leave.  Some employers don’t allow any leave, and the employee is faced with the reality of exiting the workforce in connection with a new child or hastily figuring out care plans for the child so the employee can return to work.

Many groups have been working towards making paid maternity/paternity leave a reality in the United States - citing that the U.S. is the only major industrialized country that doesn’t offer paid leave for the birth of a child.

While paid maternity makes sense from an ethical standpoint for maintaining good employee relations, morale, and engagement, legislation on this matter in the US has lagged behind other industrialized nations.

Some states have enacted legislation governing leave for a new child, including California, New Jersey, Rhode Island, New York, Connecticut, District of Columbia, Hawaii, Iowa, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Montana, New Hampshire, Oregon, Rhode Island, Tennessee, Vermont, Washington, and Wisconsin. Other localities within states require maternity and/or paternity leave.

Secretary of Labor, Thomas E. Perez stated that in passing the FMLA twenty years ago “…we decided as a nation that managing these life events should not cost someone their job…no one should have to choose between the job you need and the family you love. For the millions of Americans who cannot afford to take leave without pay, that promise remains unfulfilled.” As this issue continues to gain more attention nationally and on state and local levels, employers will need to keep an eye on changing legislation in this area that could affect their organizations.


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