Overview
Understanding parental leave can be a daunting task, especially when you are navigating the complexities of welcoming a new child into your life. This journey is filled with emotional and physical changes, and on top of that, new parents often face the challenge of figuring out their rights regarding paid parental leave and job security upon returning to work.
The statistics regarding paid parental leave for new parents in the U.S. are disheartening, especially when compared to other countries. As reported by the World Policy Analysis Center, the U.S. stands alone as the only wealthy nation without federally guaranteed paid parental leave. While the Family and Medical Leave Act (FMLA) offers many workers at companies with at least 50 employees access to unpaid leave without the risk of job loss, it’s unacceptable that we are one of only six countries globally lacking paid parental leave. To put it bluntly, it’s utterly ridiculous.
What is Parental Leave?
According to the U.S. Department of Labor, parental leave is defined as time off granted to employees for the care of a newborn, recently adopted child, foster child, or any child requiring parental attention.
Who is Eligible for Paid Parental Leave?
Take a moment to prepare for some disappointing news: the majority of Americans do not have access to paid family leave through their employers. As of 2021, only 23 percent of private-sector workers had access to paid family leave, based on statistics from the U.S. Bureau of Labor Statistics.
Those employed by the federal government have it slightly better. Thanks to the Federal Employee Paid Leave Act, federal employees are entitled to 12 weeks of paid leave after the arrival of a child. This policy, part of the National Defense Authorization Act for Fiscal Year 2020, applies to over two million federal workers who have been in service for at least a year, though it requires annual reauthorization.
Despite some slow progress under the Biden administration, several bills are currently being considered in Congress. One significant proposal is the Family and Medical Insurance Leave (FAMILY) Act, which would provide up to 12 weeks of partial income for various health-related reasons, including childbirth and adoption. This would apply to full-time and part-time employees across all types of companies, including self-employed individuals.
President Biden’s earlier attempt to include four weeks of partially paid family leave in the Build Back Better Act faced obstacles, particularly from Senator Joe Manchin, leaving its future uncertain.
On a positive note, 11 states and the District of Columbia have established paid family leave programs recently. As Vicki Lane, a policy expert at New America’s Better Life Lab, explains, states like California, Massachusetts, and New Jersey have active paid leave initiatives. Oregon’s program is set to launch benefits in 2023, while Colorado, Maryland, and Delaware will follow suit in the upcoming years.
Advantages of Paid Parental Leave
No parent should feel compelled to return to work just days or weeks after welcoming a child. Research consistently highlights the numerous benefits of extended paid parental leave for both parents and their children. Parents who receive ample leave experience better physical and mental health, particularly those recuperating after childbirth. Children of parents who take paid parental leave also enjoy advantages such as higher immunization rates, increased breastfeeding duration, and reduced hospital visits. Furthermore, having both caregivers present during those vital early months is crucial for the child’s development.
Can Your Employer Deny Your Parental Leave?
Under the FMLA, companies with at least 50 employees must allow 12 weeks of unpaid leave for reasons related to childbirth, illness, or family care. Therefore, your employer cannot outright deny your parental leave; however, they may have the ability to delay it in certain situations.
What’s the Difference Between Parental Leave and Maternity Leave?
Parental leave is a broad term available to either parent, while maternity leave specifically pertains to employees who are pregnant or have recently given birth. Both types of leave are designed to allow caregivers time to bond with and care for their newborns.
Are Maternity Leave Benefits Taxed?
Fortunately, wages received during the first 12 weeks of maternity leave are tax-exempt. However, any payments received beyond that or through annual leave may be subject to taxation. Regardless of the type of benefits received during the leave, they are still considered taxable earnings.
How to Determine Your Benefits
According to Lane, “Access to paid and unpaid leave in the U.S. is all too rare, and it’s confusing.” She advises starting your research early and consulting your employer about your needs. If your employer has an HR manual, that’s a good starting point, followed by a conversation with HR. If you’re with a smaller company or one that hasn’t had anyone take parental leave before, do some background research and use resources from organizations like this link or this link for guidance. Also, check if your state has a paid family and medical leave program.
Job security is another concern for new parents returning to work. The availability of job protection depends on whether you and your workplace are covered by the FMLA, any applicable state laws, and your employer’s policies. The FMLA guarantees job security and health insurance benefits for workers employed for at least a year and who have worked 1250 hours in the previous year, but it only applies to businesses with 50 or more employees within 75 miles, which excludes nearly half of the workforce. Some states offer more robust protections, and some employers choose to provide job security to attract and retain talent.
Lane’s advice for new parents is clear: “Know your rights, engage with your community and workplace, and take a moment to breathe.”
Summary
Navigating parental leave can be overwhelming, especially with limited access to paid options in the U.S. It’s crucial to understand your rights, seek information from your employer, and explore state-specific programs. Remember, the well-being of both you and your child is paramount during this significant life transition.