Maternity Leave Considerations
Maternity leave has become a topic of great debate in the U.S. and it's not likely to let up anytime soon. From health official guidance and government regulations to the influence these policies have on attracting talent and impacting your bottom line. The list of considerations seems to be endless.
So how do you balance it all when deciding what to offer? Below we’ll provide a high level look at the top areas to consider.
Guidance from health officials
There’s no way around it; workers who give birth need time off to physically recover from delivery as well as bond with their baby. When deciding how to structure your maternity leave offering, consider recommendations made by reputable health organizations:
- The American Academy of Pediatrics (AAP) is advocating for national paid family medical leave that would provide “leaves of at least 12 weeks and longer for medical complexity,” including leave for parents of adopted and fostered children. AAP believes it not only benefits the child but also “improves parental health, strengthens parent-child relationships, minimizes health inequities and positively affects the labor market.”
- Both the World Health Organization (WHO) and United Nations Children’s Fund (UNICEF), refer to recommendations made by the International Labor Organization (ILO). According to ILO Convention No. 183, “maternity leave should not be less than 14 weeks, while Recommendation No. 191 suggests that maternity leave be at least 18 weeks.” This allows for the mother to “rest in relation to childbirth [which] is a crucial means of safeguarding health and nutrition of the mother and her child.” Convention No. 183 also notes that the mother’s pay during leave “should not be less than two-thirds of [her] earnings prior to taking leave, while Recommendation No. 191 encourages raising the benefits to the full amount of previous earnings.”
- Some organizations advocate for leaves that go beyond the 18 weeks recommended by the ILO. One of which is the Academy of Breastfeeding Medicine (ABM). ABM recommends “six months of paid leave at 100% pay” as it “allows mothers the opportunity to exclusively breastfeed their infants for the entire period recommended by the World Health Organization (WHO).”
To summarize, public health organizations have done the research and crunched the numbers on what provides the most optimal outcomes for mom and baby. They believe that maternity leave should be no less than 12 weeks, and up to six months in length, with the mother receiving her full pay for the duration of the leave.
Regulations within the U.S.
Currently, the only national mandate related to maternity leave in the U.S. is the Family and Medical Leave Act (FMLA). According to the U.S. Department of Labor, FMLA “provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.”
There are stricter regulations for workers in certain U.S. states though – particularly on the amount of pay that’s offered during leave. Some of the most notable include Oregon's 12 weeks with pay that’s 100% of a worker’s average weekly wage (up to an amount equal to 65% of the statewide average weekly wage) and 50% of a worker’s average weekly wage (above an amount equal to 65% of the statewide average weekly wage).
More information on these individual state laws, including how they’re funded and who’s eligible, can be viewed here. Be sure to seek formal legal guidance to ensure you’re abiding by all employment laws for the states where you have workers residing.
Talent strategy enablement
Offering generous maternity leaves is an effective way to attract talent while also drumming up positive press for the brand. Here’s a quick look at some of the employers that are making waves in this area:
| Leave Available to Birthing Parents | Other Offerings to Note | |
|---|---|---|
| Adobe | 25 weeks of paid leave | A non-birthing parent is also eligible for up to 16 weeks of paid parental leave |
| 24 weeks of paid leave | Workers are eligible immediately, as long as the baby is born while employed by Google. A non-birthing parent is also eligible for 18 weeks of paid parental leave. | |
| Thumbtack | 20 weeks of paid leave | A non-birthing parent is also eligible for 12 weeks of paid parental leave. |
| Dannon | 18 weeks of paid leave | From the boardroom to manufacturing, everyone working more than 21 hours a week is eligible after one year of employment. |
| Bank of America | 16 weeks of paid leave | Workers can also extend their leave an additional 10 unpaid weeks (for a total of 26 weeks). |
| IKEA | 16 weeks of paid leave | A non-birthing parent is also eligible for 16 weeks of paid parental leave. |
| Fidelity Investments | 16 weeks of paid leave | A non-birthing parent is also eligible for 12 weeks of paid parental leave. |
| L’Oreal | 14 weeks of paid leave | A non-birthing parent is also eligible for 10 weeks of paid parental leave. |
You should also consider policies your specific talent competitors are offering. How you approach the comparison will be unique to your current talent strategy (e.g. growing your industry expertise will mean looking at what direct competitors within your industry are offering whereas regional recruiting will have you looking at local employers across a variety of industries).
Choosing what’s right for you
In an ideal world, maternity leave would cost employers nothing to offer and we would all happily provide moms (and their partners) with a lengthy amount of time for bonding and breastfeeding. Unfortunately, the reality in our current system is that maternity leave does impact the bottom line. So, it’s an offering that needs careful consideration.
Think of maternity leave as a spectrum with the mandated 12 weeks of unpaid FMLA on one end and Adobe’s generous 26 weeks of paid leave at the other end. Where you fall on that spectrum will be a key indicator – for both current and prospective talent – of how much you value your employees.
Don’t panic if your budget doesn’t enable you to join Adobe on their end though. There are lots of creative options that will help make you more competitive in the talent market, including support you offer these moms as they return to work. Reach out to us and we can help analyze your offerings and make recommendations on how to optimize them for maximum impact.