Maternity and Paternity Leave: Understanding Your Rights and Benefits

Maternity and Paternity Leave: Understanding Your Rights and Benefits 

Parental leave remains a hot topic in the United States, likely because this country remains one of the few in the world that does not provide paid parental leave as a legal right.

Thus, new parents are left to balance the demands of work and family, often having to choose between taking time off to care for their newborn or keeping their job and income.

That said, parents in the United States still have rights they should be aware of.  They should also be mindful of specific benefits provided by their employers that may go above and beyond whatever statutory rights exist where they live.

Governing federal law

As it stands, the primary statutory law governing parental leave in the United States is the Family and Medical Leave Act (FMLA).  At its core, the FMLA entitles eligible employees of covered employers to take up to twelve weeks of unpaid leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.  One of those covered medical reasons is the birth of a child.

Upon their return to work, employees are entitled to return to their same position or one that is equivalent with equivalent pay, benefits and other terms and conditions of employment.

And if you are a federal employee, you can take advantage of the Federal Employee Paid Leave Act, which provides 12 weeks of paid parental leave.

Governing state law

Many states have recognized the need for paid leave, and have begun implementing their own laws that go well beyond what is offered under the FMLA.  California, Colorado, Connecticut, Delaware, Massachusetts, Maryland, New Jersey, New York, Oregon, Rhode Island, and Washington have all passed laws that offer paid family leave.

When trying to determine your employment rights as a new parent, you should not only be looking to federal laws, but also understanding what statutory rights your state offers.

Employer-specific benefits

Finally, remember that the FMLA and state laws only offer the floor of what an employer is required to provide its employees.  These laws do not prevent companies from crafting their own policies and procedures that go above and beyond to offer additional benefits.

Recognizing the significant benefits that accompany paid parental leave, many companies are crafting impressive parental benefit programs to assist new fathers and mothers within their companies.

For example, Hewlett Packard offers 24 weeks of paid parental leave for primary and secondary caregivers. Employees can also work part-time for 36 months after the birth or adoption of a child.  And if you think that is impressive, Netflix offers up to a year of paid time off.

So, before you think you are only limited to the bare minimum offered by federal and state laws, you should see what additional benefits your employer offers.  And if they offer little, you may want to consider moving to a company that offers you what you deserve.

Are you looking for an employer that offers better benefits for new parents? See who is hiring at CyberCoders.com.