Preparing for Maternity and Paternity Leave

mom with dad holding baby

Welcoming a new addition to your family is such an exciting time! Alongside the joy and anticipation of pregnancy or adoption, expecting parents also spend time planning for their little one's arrival. This may include shopping for necessary items, preparing a nursery, and arranging maternity and paternity leave at work.

Here's everything you need to know about navigating parental leave, from understanding the laws and your rights to transitioning back to the office.

Maternity and Paternity Leave Laws

Parental leave laws in the United States are outlined in the Family and Medical Leave Act (FMLA). Enacted in 1993, the FMLA provides eligible employees (in this case, expecting parents, but it also covers those with disabilities and active military service members) with up to 12 weeks of unpaid, job-protected leave for birth, adoption, or foster care placement. FMLA leave is unpaid, and only applies to businesses with more than 50 employees.

The FMLA ensures parents can take time off to care for their newborn, newly adopted, or foster child without fear of losing their job. This time is so important for both parents and children, as it can benefit both their physical and mental health outcomes. Research even shows that this bonding time has decreased child and infant mortality rates.

Some states have their own parental leave laws that provide additional benefits and protections. For example, 13 states (see below) offer paid family leave programs that provide partial wage replacement to eligible employees who take time off to bond with a fostered, adopted, or newborn child. These state-level programs vary in terms of eligibility requirements, benefit amounts, and duration of leave, so please familiarize yourself with the specific laws in your state.

The states that have paid parental leave policies include:

Maternity and paternity leave laws also offer continuation of health benefits, including health insurance coverage and protection from discrimination based on pregnancy and other medical conditions.

Planning for Maternity and Paternity Leave

Planning for parental leave is important for a smooth transition into parenthood and, eventually, back to the workplace. Here are some key steps to consider as you plan your parental leave:

Talk to Your Boss

We always recommend that your boss be the first person at the office to know you or your partner are pregnant, adopting, or fostering, and they should be given advance notice. This conversation can show your intention to come back to work if you're planning to return to the office after welcoming your little one, and can help set expectations for your return so both of you are on the same page. Some employers may also require medical records or paperwork from your healthcare provider or adoption agency, so be sure you're aware of all the boxes you need to check!

Once you've had this conversation, enjoy the excitement of telling your colleagues! Not only will they join in your celebrations, but you can work together to adequately plan out your maternity leave as a team. 

Understanding Your Employer's Leave Policies

Every employer is different when it comes to maternity and paternity leave policies. Some companies offer more benefits than what is required by law, while others may have stricter eligibility requirements or limitations on the amount of leave employees can take.

Take the time to review your company's maternity and paternity leave policies to fully understand your rights. By familiarizing yourself with these laws, you can ensure that you take full advantage of all available resources during your leave.

Determining the Length of Your Leave

Deciding how long to take off work for maternity or paternity leave is a personal decision that depends on a variety of factors, including your health, financial situation, your employers’ parental leave policies, which may include paid leave, and childcare arrangements. While the FMLA provides eligible employees with up to 12 consecutive weeks of unpaid leave, some employees may choose to take a shorter or longer leave.

When determining the length of your leave, consider the following:

  • Your physical and emotional well-being: Pregnancy, childbirth, and the early weeks of parenthood can be physically and emotionally demanding. It's important to listen to your body and give yourself the time you need to recover and adjust to your new role as a parent.
  • Your childcare arrangements: If you plan to return to work after your leave ends, you'll need to make arrangements for childcare during your absence. This may involve researching daycare centers, hiring a nanny or babysitter, or coordinating care with family members or friends.

Take the time to carefully consider your options and make a decision that works best for you and your family.

Arranging for Coverage

Once you've determined the length of your leave, work with your employer to ensure that your duties are covered during your absence. This may involve training a temporary replacement, delegating tasks to your colleagues, or reassigning projects to other team members.

Start planning for coverage well in advance of your leave to ensure a smooth transition. Communicate with your supervisor, HR department, and colleagues to coordinate coverage and ensure that everyone is on the same page. If you have the time, try to check in with your colleagues before you leave to make sure they don’t need any more help, and be sure to thank them for their help!

Other Considerations As You Prepare For Maternity Leave

While FMLA grants unpaid leave, and some states offer partial-paid leave, your company may have additional benefits as part of their parental leave policy. Some companies offer lengthen parental leave, paid or partially paid leave, or other flexible arrangements, such as more work-from home options in the year following the birth. Understanding the details of you company’s policy and benefits is key to making the best decision for you and your little one. 

Part of your company’s maternity leave policy should address the return to work. While returning to work is likely not top of mind right now, it's a good idea to speak with your employer to establish expectations and clarify questions around returning to work before beginning your maternity leave. This way, you have plenty of time to compare your company’s policy against state laws, and ensure they are in alignment. 

Another topic worth asking is the company’s accommodations for pumping moms. Remember, pumping at work is your right! Under the Affordable Care Act (ACA), employers are required to provide reasonable break time and a private, non-bathroom space for nursing mothers to express breast milk for up to one year after the birth of their child. This requirement applies to all employers covered by the Fair Labor Standards Act (FLSA), regardless of the company’s size. In fact, the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) extended protections to nursing employees under the FLSA just last year. 

If you're feeling overwhelmed by all the different rules, or anxious about the rules surrounding parental leave, don't hesitate to reach out to your supervisor, HR department, or a trusted colleague for support as you prepare for your maternity leave. They can provide guidance, reassurance, and resources to help make the transition as smooth as possible.

The Benefits of Paternity Leave

Welcoming a baby home is a family affair—take some time to plan paternity leave with your partner. As we mentioned above, the FMLA grants employees up to 12 weeks of unpaid, protected time off. This guides the length of many maternity leave practices across the country, but paternity leave is much more varied.

Just like maternity leave, paternity leave duration, and pay largely depends on state law and employer policy. Recently, more and more employers are granting longer periods of paid parental leave for all employees welcoming a new child. In fact, the amount of employers offering paid maternity and paternity leave increased by 5% from 2022 to 2023, reaching 40% and 32%, respectively. 

As you prepare for this period, be sure your partner also reviews their employer's parental leave policy and communicates with his employer, HR team, and colleagues ahead of your baby's arrival. Making these plans together will determine how much time off you can each take and help you establish your parenting goals during this special time.

While many factors contribute to these important decisions, parental leave for both mom and dad provides many benefits for your family. In addition to bonding with your new child, parental leave allows both parents to help with childcare, contributes to you baby's development, and can enhance your relationship with your partner. Throughout every stage of the parenting journey, communication is key, especially in these early days as a new family.

The Do’s and Don’ts of Maternity Leave

While preparing for maternity or paternity leave, keep the following do's and don'ts in mind to ensure a smooth transition:

Do:

  • Plan ahead: Start planning for your leave as soon as possible to ensure everything is in place before your baby arrives.
  • Communicate openly and honestly with your employer: Keep your employer informed of your plans and needs throughout the leave process.
  • Familiarize yourself with your rights and protections under the law: Take the time to understand your rights under FMLA, state law, and company policy so that you can advocate for yourself if necessary.

Don’t:

  • Wait until the last minute to notify your employer of your leave plans: Give your employer ample notice of your intention to take leave so that they have time to make necessary arrangements.
  • Feel guilty for taking time off to care for your family: Maternity and paternity leave is a valuable benefit that allows you to bond with your new child and adjust to your new role as a parent.

While preparing for maternity and paternity leave involves careful planning, communication, and an understanding of your rights, taking proactive steps throughout the process can ensure a smooth experience for both you and your growing family. We wish you all the luck, bonding, and easiest transitions possible!

And, as always, if you need any help establishing a lactation plan for your return to work, our board-certified lactation consultants are ready to help you! Reach out to us and one of our experts will get back to you with specialized information regarding your insurance and needs.


Information provided in blogs should not be used as a substitute for medical care or consultation.


References

https://www.dol.gov/agencies/whd/fmla 

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7367791/

https://casetext.com/statute/california-codes/california-unemployment-insurance-code/division-1-unemployment-and-disability-compensation/part-2-disability-compensation/chapter-7-paid-family-leave

https://casetext.com/statute/colorado-revised-statutes/title-8-labor-and-industry/labor-i-department-of-labor-and-employment/labor-conditions/article-133-family-and-medical-leave/part-5-paid-family-and-medical-leave-insurance

https://www.cga.ct.gov/2020/sup/chap_557.htm#sec_31-49e

https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=79186&docTypeId=13&sessionLawName=chp301

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https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html

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https://wicworks.fns.usda.gov/resources/break-time-nursing-mothers#:~:text=The%20Affordable%20Care%20Act%20amended,the%20need%20to%20express%20milk.

https://www.dol.gov/agencies/whd/flsa#:~:text=The%20Fair%20Labor%20Standards%20Act%20(FLSA)%20establishes%20minimum%20wage%2C,%2C%20State%2C%20and%20local%20governments.

https://www.dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers 

https://www.ncsl.org/health/breastfeeding-state-laws 

https://www.shrm.org/topics-tools/research/employee-benefits-survey

https://hbr.org/2023/11/how-paternity-leave-helps-dads-brains-adapt-to-parenting#:~:text=The%20benefits%20of%20paternity%20leave,parents'%20relationship%20with%20each%20other.

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At Aeroflow Breastpumps, our mission is to improve health outcomes for new and expectant mothers throughout their pregnancy, postpartum recovery, and breastfeeding journey by making it easy to receive the very best medical equipment and supplies for each unique stage of motherhood.