What is Maternity Leave?

Maternity Leave Definition and Overview

The International Labour Organization (ILO) defines maternity leave as an intended support for women recovering from childbirth and caring for their new child. The length of leave is critical to ensure that mothers can return to work and provide adequate care for their children. 

The pregnancy leave definition comes under the ambit of maternity leave. The period for the length of leave is before childbirth and can vary per country-specific labor law. 

Further, the legal maternity leave per ILO is a minimum of 14 weeks for women after childbirth: 

• The ILO's Maternity Protection Convention, 2000 (No. 183) mandates this minimum leave period. 
• The ILO's Recommendation No. 191 encourages member states to increase the leave period to at least 18 weeks. 
• The ILO also requires that maternity leave cash benefits be at least 67% of the woman's previous earnings, ideally 100%. 

The importance of legally mandated maternity leave lies in the following: 

• Ensuring job security for working parents so they can return to work while providing adequate care for their children. 
• Facilitate parents get a chance to bond with the newborn during those early hours instead of trying to deal with the pressures of work and states of recovery.
• Providing emotional and logical support to help mothers and fathers adjust to life's new addition.

Currently, 120 countries have a minimum maternity leave of 14 weeks, and 52 countries meet or exceed the 18-week standard. 

In some countries, pregnancy maternity leave laws also mandate some leave before childbirth.

Legal and practical implications

Maternity leave becomes a protective mechanism to help mothers recover from childbirth without the fear of losing their source of livelihood. 

They should take a rest, but more importantly, it is about asserting their rights at work.

To put it even more clearly, maternity leave helps cope with pregnancy before and medical recovery after birth. 

It gives time to not just the mother but also the father to bond with a newborn child, which is generally beneficial for the child's development in the long run.

Types of Maternity Leave

Maternity leave policies can directly influence employee satisfaction, retention, and workplace reputation. Let’s discuss the different types of maternity leave mandated by the law. 

Paid vs. unpaid maternity leave

Country-specific labor laws mandate paid leave, unpaid leave or hybrid leave. Here’s a breakdown of what it means:

Short-term disability coverage

Have you ever considered that the short-term insurance you provide under labor laws might also cover pregnancy leave? Essentially, it is designed to cover a portion of an employee’s salary for a specific period if they cannot work due to health reasons, including pregnancy.

In some cases, this insurance may partially offset maternity leave, but the extent of coverage often depends on the employee’s eligibility and specific circumstances. 

As an employer, it’s important to review the duration and percentage of earnings covered under these benefits to ensure your policies align with legal requirements and effectively support employee needs.

Family and Medical Leave Act (FMLA)

The FMLA mandates that you allow qualified employees to take job-protected time off and preserve their medical insurance. 

Understanding the FMLA in the United States is essential for managing maternity leave requests while complying with federal and state labor laws. 

Here's what you need to know:

1. Eligibility Requirements:

• FMLA applies to businesses with 50 or more employees within a 75-mile radius.
• You need not extend maternity leave before 12 months of employment for employees to qualify.

2. Duration of Leave:

• You must provide up to 12 weeks of unpaid leave per year for maternity care, childbirth, or bonding with a new child.
• Leave can be taken all at once or intermittently, depending on your policies and operational feasibility.

3. Job Protection:

• Employees must be guaranteed their same or equivalent position when they return from leave.
• Health insurance benefits must continue during their leave period, ensuring compliance with FMLA guidelines.

4. Limitations to Consider:

• You are not obligated to pay salaries during FMLA leave, but employees may use accrued paid vacation or sick leave to cover part of their absence.
• Paid maternity leave is not mandated, so offering it depends entirely on your company’s policies.

How Long is Maternity Leave?

The duration for standard maternity leave typically depends on your work jurisdiction. 

While following legal minimums is mandatory, offering enhanced paid leave options helps attract top talent and demonstrates a commitment to employee well-being.

How long is US maternity leave?

The Federal Employees Paid Leave Act or FEPLA offers federal employees (only) up to 12 weeks of paid parental leave when they give birth or adopt a child.

Here’s what you need to know:

• FEPLA functions similarly to the Family and Medical Leave Act (FMLA) but replaces unpaid leave with paid leave.
• Employees can use this leave within 12 months of the birth or adoption placement.
• It provides 12 weeks of paid leave, during which the employee must return to their position once the leave ends.

Comparative perspectives on parental leave policies

As of 2024, the United States was the only OECD country that did not mandate federal law for paid parental leave for new parents. In contrast, other OECD countries provided varying lengths of paid leave:

• Estonia: Offers over a year and a half of paid leave to new parents, the most generous among the surveyed nations.
• Austria, Bulgaria, Hungary, Japan, Latvia, Lithuania, Norway, Slovakia, and Slovenia: Each provides over a year of paid parental leave.

In many of these countries, most paid leave is designated for mothers. 

For instance, in six countries—Canada, Israel, Slovakia, Switzerland, Costa Rica, and New Zealand—all available paid leave is allocated exclusively for maternity leave, with no provisions for new fathers. 

However, most OECD countries offer paid leave specifically for fathers, typically around two weeks. 

Notably, Japan provides approximately 30 weeks of paid leave for new fathers, and South Korea offers about 15 weeks.

Factors affecting maternity leave duration

The most important answer to the question—are companies required to give maternity leave—is a resounding yes. 

If you're wondering what might influence the length of maternity leave for your employees, here are a few factors to consider:

• Company Policies: Larger companies often have more flexibility to provide generous maternity leave policies, either by offering paid leave or extending the duration beyond the legal minimums.
• Labor Laws: Certain states, like California and New York, have laws that mandate paid maternity leave or provide additional benefits beyond federal requirements.‍
• Personal Circumstances: Health issues or an employee's desire for a longer bonding period with their newborn may influence how long they take maternity leave.

When and How to Plan for Maternity Leave

Your HR policy should recommend open communication channels for your employees to approach directly while planning for maternity leave. Here’s how you can begin:

Determining the right time to start to leave

Explain to your employees that they must assess their health needs and workload to determine the ideal time to begin maternity leave. Some of the key considerations include:

• Medical Recommendations: Advise them to see their doctor to determine whether they need to start leave earlier due to pregnancy complications.
• Work Demands: Highlight the importance of balancing deadlines and responsibilities, ensuring projects are completed or transitioned before leave begins.
• Flexibility Options: If feasible, remote work or working reduced hours closer to the due date.

Financial planning for maternity leave

The maternity period can be quite expensive for your employees. Guide them to budget and maximize the available benefits:

• Understand Paid vs. Unpaid Leave: Clarify your maternity leave policy and eligibility for paid leave programs or short-term disability insurance.
• Take Accrued Leave: Recommend usage of vacation days and sick leave to supplement income where paid leave is limited.
• Explore Additional Benefits: Encourage employees to research state-provided benefits or other government assistance programs.

Steps to prepare for a smooth transition at work

To minimize disruption, assist employees in planning:

• Transition Plan: Ask them to document key tasks and timelines for their replacement or team.
• Responsibility Redistribution: Help redistribute tasks among team members.
• Clear Expectations: Define communication protocols for emergencies during their leave.
• Cross-Training: Provide replacement or backup time to shadow the employee before their leave begins.

Legal Protections for Maternity Leave

As an employer, it is important to know and respect the following legal rights of employees during maternity leave:

Maternity Leave and Employment Laws

There are legal protections in the law for maternity leave. The Pregnant Workers Fairness Act doesn't provide leave per se but guarantees reasonable accommodations for workers with limitations due to pregnancy, childbirth, or related medical conditions.

Other federal laws that address the legality of maternity leave:

1. Family and Medical Leave Act (FMLA):
   • Provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including the birth of a child or to care for a newborn.
   • FMLA applies to covered employers and employees who meet specific requirements.
2. Americans with Disabilities Act (ADA):
   • Protects workers from discrimination based on disability. While pregnancy itself isn’t considered a disability, some pregnancy-related conditions might qualify. In those cases, accommodations or leave might be provided under the ADA.
3. PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act):
   • Expands workplace protections for employees needing time and space to express breast milk.
4. Title VII of the Civil Rights Act:
   • Prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy-related leave the same as leave for other medical conditions.

Advantages of Maternity Leave

Maternity leave benefits mothers, infants, families, and society. Here's a snapshot of its key advantages:

Health and well-being benefits

• Health Time
  • Postpartum Recovery: Supports healing and reduces risks of complications.
  • Breastfeeding Support: Boosts breastfeeding rates, improving health for both mother and baby.
  • Reduced Stress: Secure job protection alleviates workplace anxiety.

• Bonding Times
  • Parent-Child Bonding: Strengthens emotional connections and secure attachments.
  • Partner Involvement: Promotes joint childcare and cooperation.
• Social Advantages
  • Healthier Communities: Reduced maternal and infant mortality.
  • Workforce Diversity: Encourages gender equality, and leadership opportunities.

Professional retention and productivity

• Professional Retention
  • Employee Loyalty: Reduces turnover and enhances organizational commitment.
  • Higher Productivity: Motivated employees come back more focused and productive.

• Economic Security
  • Economic Support: Paid leave reduces essential expenses, thus relieving financial pressure.
  • Job Security: Provides career continuity after the leave.

Workplace Support for New Mothers

If your HR policy is aligned to provide the best employee experience, you may consider the following workplace support initiatives for new mothers:  

Flexible Work Arrangements

• Work Remotely Practice: Part-time, Flexi Time, or Full Remote work practices provide a transition back into the working environment before on-site working hours resume.
• Re-employment: Strategies for reinstalling women in their previous jobs, including return-to-work programs, one-stop job centers, and assistance for job seekers, are an important and much-needed form of education.

Additional Resources for Mothers

• Feeding rooms: Even before leaving, expectant mothers in a job would wish to have lactation centers within the office where they can rest and feed or extract milk at the designated hours.
• Crèches and daycare: You should also support employees with children by setting up or availing childcare centers in or around the workplaces, depending on the available resources to relieve them. 

How Skuad Supports Global HR Needs

Skuad facilitates companies to hire, pay, and manage their employees worldwide in compliance with global maternity leave policies. 

We can assist in elevating your employee experience in compliance with local labor laws in over 160 countries. 

Whether you need to simplify the process of maternity leave, onboarding or processing employee salaries, we offer global employment solutions that match local laws and best practices. 

‍Book a demo today!

FAQs

1. What does it mean to go on maternity leave?

Maternity leave means taking time off work to care for yourself and your newborn child after birth.

2. How long is the maternity leave in the USA?

Under the Family and Medical Leave Act (FMLA) in the US, maternity leave can last up to 12 weeks, but again, it varies according to the concerned employer and the state.

3. What are the three different types of maternity leave?

The three major types of maternity leave are paid leave, unpaid leave, and short-term disability leave.

4. Are employers in the US required to give maternity leave?

Employers are not required to provide paid maternity leave, but eligible employees are entitled to 12 weeks of unpaid leave under the FMLA.

5. Which states require paid maternity leave?

States like California, New Jersey, and Rhode Island have paid family leave policies for maternity leave.

6. How long is maternity leave in America?

Maternity leave in America can range from a few weeks to several months, depending on employer policies and state laws. The minimum mandate for federal employees is 12 weeks.