Best Practices For Maternity And Paternity Leave

Best Practices for Maternity and Paternity Leave

Many employers have added paid family leave policies to their benefits packages as a way of staying competitive in the hiring market and attracting new candidates. This has become increasingly common among the highest-ranked US employers. Offering some form of paid family leave can make your firm more attractive to potential top-tier candidates. Additionally, paid leave policies can increase employee retention. Studies have shown that when paid maternity leave is given, women are more likely to return to their positions after giving birth. Regardless of whether you decide to offer paid leave to your team, you should still have a plan in place regarding what to do when one of your employees requests to take family leave.

Does your firm offer paid maternity or paternity leave?

Families come in all shapes and sizes now so many employers have opted to use the broader term, “parental leave” to cover any paid family leave they offer. If you decide to offer a paid parental leave package, you will need to clearly address the parameters of this benefit and ensure that you are offering it equitably to all employees.

Be familiar with FMLA!

The Family and Medical Leave Act (FMLA) of 1993 is a federal policy that allows some workers to take up to 12 weeks of unpaid leave due to certain familial situations. However, depending on the state you are in, there may be even more restrictive state laws that could apply to your firm. For example, there are currently 10 US states that do mandate some amount of paid parental leave for certain employees. So, in addition to being familiar with FMLA, don’t forget to check your state laws to ensure compliance.

We highly recommend that you seek legal guidance regarding these policies to ensure your firm is in compliance. Designate one person in your firm to serve as the point person for FMLA. If you have an HR manager, they are a natural choice for this responsibility. However, if you don’t have a team member who is responsible for HR at your firm, you should still designate one person to be your FMLA expert. Laws are ever-changing, and it will be easier for your firm to stay compliant when one person is tasked with this responsibility. If you leave this task up to individual supervisors, you are asking for confusion and errors. While individual supervisors can work with your FMLA expert to handle issues such as work coverage, it’s still important to have a primary point person who has been handed the responsibility of ensuring your firm is in compliance with FMLA. Your FMLA expert should also be familiar with any short and/or long-term disability plans your firm offers. They should be prepared to educate team members on how those plans can work with their FMLA or parental leave requests.

Whether or not you decide to offer paid leave depends on your business model and your local laws. However, when one of your team members requests to take leave under your policy, a state guideline, or under FMLA, you will need to have a plan in place so that you, your employees, and your firm are prepared to accommodate the needed time in a fair and consistent manner.

When team members do take extended time off for maternity or paternity leave, or for medical reasons, it’s critical, as employers, to approach these instances thoughtfully, intentionally, and carefully.

Here are some important considerations:

Make a plan for your team member’s leave. You should develop a plan for your team member’s absence well in advance of their leave in cases where that’s possible. While FMLA requires advance notice, when possible, sometimes these types of absences are unforeseeable. If you are able to develop a plan ahead of the leave, make sure you know key details like when the leave is expected to begin. One of the biggest concerns employers have about family leave is who will cover the responsibilities of the team member that is on leave. If possible, plan a gradual exit that includes collaborating with the team member that is appointed to cover their work. This is especially important if you are considering bringing in a temporary employee who may be less familiar with your firm. But acknowledge that unexpected events happen and have a backup plan in place in case that gradual exit isn’t possible.
Make a return plan. Ultimately, you want to ensure your team member’s return after their leave. Your goal should be to make the return as easy as possible on the employee and on your firm. Offering a gradual return to work can be a great way to accomplish this. Consider letting them return part time and gradually build back up to full time hours again. This will allow for a much smoother and less stressful transition for all. When a team member returns from maternity or paternity leave, their role conflict has the potential to be at an all-time high. As their employer, you may be able to help minimize that conflict and ensure their successful return if you plan ahead.
Communicate! I cannot stress this enough. Sometimes when a team member requests family or parental leave, you may be forced to make tough decisions. Perhaps you may be forced to hire a replacement or to transfer the team member into a position where the absence will be less disruptive. These moves can be very concerning and upsetting to your team members if they do not understand the plan. Ultimately, you want to retain your team members. You have invested in these individuals, and you are a team. Ensure that you communicate with them, and that they understand the plan for their position while they are out. They need to know that their position is secure for them to return to at the end of their leave.

Keeping these best practices in mind can ensure that you will not only be compliant with applicable laws but also be prepared to handle the inevitable requests for leave. It is important to remember that your team members need to integrate their work and personal lives. If you work as a team with them to handle any needed work absences you can not only increase team member loyalty, but you can ensure that your firm will continue to operate efficiently during family leave absences.

Learn More About The Author

Dr. Heather Carroll

Operations Consultant

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