Navigating parental leave [1], especially as a first-time parent, can be unbelievably tricky. It's extremely important to do your homework in researching parental leave to understand all the ins and outs of what pay you're entitled to, how long you can take off work, and more. Though many parents might agree that parental leave in the US [2] isn't robust enough, especially compared to places like the UK, where new parents are entitled to statutory maternity pay for up to 39 weeks [3], some states are enacting laws to increase the allowances for new parents getting paid for time off.
Whether you're pregnant and having a baby with your partner, adopting a child, or bringing a foster child into your home, you should be entitled to some form of leave under law and under your employer. What you might get can vary greatly by state and place of business, but ahead, we're breaking down some of the biggest questions you might have about parental leave.
Why Do I Have to Tell My Employer?
You need to inform your employer of your pregnancy or your partner's pregnancy for a couple of reasons. If you are the one who is pregnant, informing your employer will legally protect you from discrimination [5] related to your pregnancy. Should your pregnancy affect your work in any way, under the law, you can't be discriminated against and could seek assistance in the workplace because of it.
Regardless of whether or not you're pregnant or if your partner or you need to take parental leave for another reason — like if you're adopting a baby — your employer needs to be made aware that you'll be out of the workplace, so they can cover your work accordingly. While you don't need to overshare details with your boss, it's important they know the facts, like when you'll be out, so they can support you and your job in the workplace.
Do I Have the Right to Full Pay During Leave?
Your parental-leave pay depends on what state you live in and who your employer is. While there is no federal legislation for paid parental leave, every state is covered under the Federal and Medical Leave Act (FMLA) [6], which entitles those who work at companies with more than 50 employees to take 12 weeks of unpaid leave in a year to care for themselves or a loved one — which would cover parental leave. However, this type of leave is unpaid, which is why some states have enacted their own parental-leave guidelines that offer pay to those taking leave to have and care for children.
California, New Jersey, Rhode Island, New York, Washington DC, Washington, and Massachusetts currently have paid family leave [7] laws in place, and Connecticut and Oregon have enacted these laws, but they have not yet gone into effect. With these laws in effect, employees are entitled to take a certain amount of time off work to bond with a child (whether it's by birth, adoption, or foster) and be paid a partial amount of their typical pay.
Hawaii and Puerto Rico, on the other hand, offer partial pay to those taking time off due to pregnancy, but it's through short-term disability laws [8]. Similarly to how other states operate, the amount of pay you'll receive varies based on state and employer. Because this funding comes from a combination of employers and the government, it can vary widely based on where you live and who you work for. It's important to discuss this at length with the human-resources department where you work so you know what to expect when you take the time off.
Keep in mind that your parental leave must take place within 12 months [9] of having the baby or bringing the child home. There are also additional stipulations to qualify for various forms of leave, including working for an employer for a certain length of time.
Does My Partner Get Parental Leave?
Under FMLA, your partner can also take unpaid leave [10]; however, paid leave will vary by state and employer. States that offer paid maternity leave generally have the same stipulations to cover your partner. It is important for your partner to have the same conversation with their employer in regard to parental leave that you're having with yours.
Can I Combine Sick Time, Time Off, and Parental Leave?
This obviously depends on your employers, but as long as you've accrued sick time or time off, you and your partner should be able to supplement your parental leave [11] with those hours. You most likely will not be able to stack the time off, though. For instance, if your employer pays you 50 percent of your salary while you're on parental leave, you can't take time off or sick time on those days to bring yourself up to full pay.
However, if you are entitled to four weeks of paid parental leave and you want to be off for five, you can use accrued paid time off for that last week, as long as your employer has approved it.
Do I Still Get My Benefits While on Leave?
This is a discussion to have with your employer. Under FMLA, you are entitled to your benefits while not working; however, this could vary under paid parental leave [12]. Most likely, your health benefits will remain intact, but you should inquire about other benefits, like accruing holiday time while you're out of work, as you're not earning the same pay any longer.
What If I Need More Time Off?
If you and/or your partner are entitled to a certain number of paid weeks off, let's say four weeks, but you feel like you need more time than that, you have options. As we previously said, once you've used up your paid parental leave, you can most likely rely on paid holiday time [13] that you've earned from your employer.
So what happens if you've used your paid parental leave and your paid time off? This is where you should be able to fall back on FMLA. While this will be unpaid time off, it still places a hold on your job, so you can continue to stay at home with the child and know your job is secure. Make sure to keep your employer informed of your plans while deciding on time off, so they can operate accordingly.