James G. Beierlein / James E. Van Horn
Professor of Agricultural Economics / Professor of Family Sociology
Agricultural Economics and Rural Sociology
Penn State University
Copyright/Access Information
Title VII of the 1964 Civil Rights Act, as amended by the Pregnancy
Discrimination Act (PDA) on October 31, 1978, requires that women
affected by pregnancy, childbirth, and related medical conditions
be treated the same for all employment-related purposes, including
the receipt of benefits, as other employees unable to work because
of a physical condition. Title VII covers employers of 15 or more
persons whose companies are engaged in industries affecting commerce.
Covered employers are to provide workers disabled by pregnancy,
miscarriage, childbirth, and recovery the same health or temporary
disability insurance, sick leave, seniority credits, and reinstatement
privileges that are provided to workers temporarily disabled from
other
non-work-related causes. The law, however, does not require employers
to provide a specific number of weeks for maternity leave, to
treat pregnant employees in any manner different from other employees
with respect to hiring or promotions, or to establish new medical,
leave, or other benefit programs where none currently exist.
On the average, mothers need from 6 to 8 weeks to recover from
childbirth. This equals approximately 2 months of disability leave
(paid or unpaid, depending on the employer's program). Under the
Pregnancy Discrimination Act, the same procedures used in determining
the ability of other employees to work should be used to determine
the ability of an employee temporarily disabled by pregnancy to
work (for example, a doctor's statement). Maternity leave time
enables the mother to recuperate, to adjust to caring for the
newborn child, and to make suitable child care arrangements for
the infant before returning to work. The ability to use such leave
can often make the difference, both financially and emotionally,
between the well-being of a family and severe stress.
States also have enacted laws and regulations on this issue, but
there is a great deal of variance in practices. Laws in five states
(California, Hawaii, New Jersey, New York, and Rhode Island) and
the Commonwealth of Puerto Rico require Temporary Disability Insurance
programs that provide
cash benefits to employees temporarily unable to work because
of injuries or illness. Maternity disability is covered by these
laws. The laws do not prescribe the period of disability, leaving
it up to the employee and his/her doctor, nor do they require
reinstatement. A few states require employers to grant short-term
unpaid disability leave with reinstatement to pregnant women only.
Employers considering a maternity leave system should consult
their department of labor to ascertain whether there are specific
requirements in their state.
- Allows employees time to adjust to their role as parents,
reduces their stress at becoming new parents, and gives them time
to prepare for infant care.
- An effective recruitment tool, particularly for employers with
large female work forces.
- Reduces turnover and preserves the employer's training investment.
- Smaller companies may find it costly to hold the job open
for a period of time: also, other employees may be burdened with
handling the leavetaker's work.
- Providing benefits to employees on maternity leave may raise
an employer's costs.
- Employees who are not parents may perceive maternity leave as
an inequity.
A needs assessment should be conducted among employees to determine the interest in this type of assistance. A sample needs assessment with suggested questions can be found in this file under "Questionnaire." This questionnaire may be copied and distributed among employees as it is written, or changes may be made to reflect the needs and interests of a business.
A joint management-employee committee may be useful in developing the program/service. It can foster a sense of program ownership among employees and provide a forum for them to give input into design features of the program or service.
A decision to institute this option should be based on results
of the needs assessment and input of the management-employee committee,
if established. Company goals should be a factor in determining
the most appropriate maternity leave benefit. The following are
examples of policies instituted by employers:
- Generous leave with pay for the entire period.
- Leave of absence for maternity-related disabilities for a specified
period of time.
- Part-time scheduling to facilitate a parent's return to work
after maternity leave.
- Disability leave with full or partial salary reimbursement.
Some examples of participation requirements instituted by employers
are:
- Length of service as a determinant of the amount of time available
for such leave.
- A physician's opinion as a second determinant of the length
of time for the maternity leave.
- Paid leave for the hours accrued by the employee under the company's
sick and personal leave policies and unpaid leave for any additional
time.
Maternity leave policies should be widely shared with all employees through flyers, bulletin board notices, articles in the company newsletter, amendments to administrative handbooks, staff meetings, or any other communication method the company uses.
The company's human resources specialist or department can
help conduct a needs assessment and determine the most appropriate
maternity leave benefit. A legal advisor can help set up and interpret
leave policies. The state department of labor should be consulted
about any state requirements that must be met.