Maternity Leave in the United States
U.S. Parental Leave Policy to Care for Child Among the World's Worst
Oct 28, 2009
The Family Medical Leave Act or FMLA of 1993, that was passed under the Clinton administration, provides up to 12 weeks of unpaid leave and ensures job protection. This law entitles employees to job protected leave to care for a newborn or adopted child, to care for themselves or a family member during an illness. This provision is only for companies with 50 or more employees in the United States.
Current Maternity Leave in The United States
An employer with 50 or more employees is mandated to cover workers through FMLA. Employees are entitled to 12 weeks of unpaid leave through FMLA to care for a newborn or adopted child. If a company offers short-term disability, and many employers do, parents can receive a percentage of or 100% of their usual paycheck.
Some employers offer a leave of absence. If an employee can not return to work past the 12 weeks, this can be an option, but it is unpaid. Many parents work for employers with less than 50 employees, so there is no FMLA option. This applies to an estimated 48 million parents. These parents and jobs are left unprotected and most have to return to work earlier than 12 weeks.
The U.S. Ranks Lowest in Maternity Leave Benefits
According to a study by The Economic Policy Institute, the United States ranks lowest in terms of maternity leave. The study performed in May 2009 compares 7 countries including the U.S. The following list shows how these countries rank in maternity leave benefits:
- United Kingdom – Provides a total of 52 weeks of maternity leave which includes 15 weeks of paid leave.
- Italy – Provides a total of 20 weeks of maternity leave which includes 15 weeks of paid leave.
- France – Provides a total of 15 weeks of maternity leave which is all paid
- Canada – Provides a total of 14 weeks of maternity leave which includes 10 weeks of paid leave.
- Germany – Provides 15 weeks of maternity leave which is all paid.
- Japan – Provides 12 weeks of maternity leave which includes 10 weeks of paid leave.
- United States – Provides 12 weeks of maternity leave for employers with 50+ employees only and all 12 weeks are unpaid unless the employer has a disability benefit program.
United States Falls Short
The U.S. falls short by 2 weeks according to the International Labor Organization's basic minimum of at least 14 weeks of general leave. The U.S. is also the only country that does not guarantee some sort of paid leave.
Workers Receive Better Parental Leave in Other Countries
One mother in Vancouver, Canada went back to work after 14 months of paid maternity leave. In Sweden, a couple was able to split 16 months of parental leave among themselves to care for their newborn. Their leave was paid at 80%. Parents in Australia can have up to one year of job protected leave.
In a Harvard study of 168 nations, 163 countries had some type of paid maternity leave. The U.S. ranked last along with the countries of Lesotho, Papua New Guinea and Swaziland.
Theories Explaining Why U.S. Maternity Leave is the Worst
Countries overseas wanted to encourage childbearing after World War II and fight failing fertility rates to promote population growth. The policies on maternity leave were extended and in some countries, child care is also provided to employees. In contrast, the U.S. ensured population growth through immigration and did not need to encourage childbearing.
The feminist movement in Europe and in the U.S. had different goals. In Europe, women fought for special treatment of mothers like maternity leave and child care. In the U.S., feminists fought for equal rights in the workplace and did not want special treatment for women. Feminists wanted women to be treated equally as men.
Some States in the U.S. are Implementing Paid Leave
California provides for family leave with 50% pay for six weeks and the fund is paid for by employees, not employers. New Jersey passed legislation to provide some paid leave by requiring employers to have temporary disability programs. The other states who have passed legislation include Hawaii, New York, Rhode Island, Puerto Rico and Washington. Other states have yet to follow suit.
Although the U.S. has a poor policy on maternity leave, many employers do offer other options including a leave of absence and a supplemental income during maternity leave. It is best to find out what maternity leave benefits an employer offers, in addition to FMLA, if a parent is planning to have a child or adopt.
A parent interested in writing to a state representative to encourage legislation to provide some sort of paid leave requirement can contact a state representative through the Write Your Representative website.
Sources:
Gould, E. (May 2009) Economic Policy Institute. No Paid Leave for New Moms
Shierholz, H. (May 2008) Economic Policy Institute. Paid Maternity Leave Still on the Wish List for Many U.S. Mothers
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