Paternity & Maternity Rights
Maternity leave refers to a mother's time away from work spent caring for her newborn child, while paternity leave describes the father's equivalent. Mothers and fathers should learn about their parental leave rights under federal and state laws.
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Federal Law
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Under the federal Family and Medical Leave Act (FMLA), each parent has a right to receive a total of up to 12 weeks off to spend caring for a child after childbirth or adoption placement. However, the FMLA does not mandate paid leave and only requires some employers to provide eligible employees with parental leave.
State Laws
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Individual U.S. states also have their own parental leave laws---the available benefits vary from state to state. For example, the Oregon Family Leave Act requires 12 weeks of unpaid paternity or maternity leave after childbirth or a child's adoption, but only for eligible employees who work at employers meeting the law's criteria. In contrast, California has enacted the Paid Family Leave Insurance Program to provide six weeks of paid leave to all employees who are eligible for State Disability Insurance coverage.
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Comparison to Other Countries
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Critics of American family leave policies note that many employers fail to provide paternity or maternity leave if not required to do so by law. A 2010 article in "The Boston Globe" reported that about one-fifth of American employers offer no paternity or maternity leave benefits. In contrast, Swedish families have a right to receive up to 163 weeks of leave between both parents.
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References
Resources
- Photo Credit newborn image by jodi mcgee from Fotolia.com
