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MATERNITY LEAVE POLICIES

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.


ADVANTAGES/DISADVANTAGES

ADVANTAGES:

- 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.


DISADVANTAGES:

- 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.


STEPS IN DEVELOPING MATERNITY LEAVE POLICIES

1. CONDUCT A NEEDS ASSESSMENT

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.


2. CONSIDER ESTABLISHING A MANAGEMENT-EMPLOYEE COMMITTEE TO HELP PLAN THE PROGRAM OR SERVICE

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.


3. EXPLORE THE BEST MATERNITY LEAVE ALTERNATIVES IN RELATION TO REQUIREMENTS OF THE 1978 PREGNANCY DISCRIMINATION ACT

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.


4. ESTABLISH GUIDELINES FOR PARTICIPATION IN THE MATERNITY LEAVE PROGRAM

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.


5. PUBLICIZE THE NEW POLICY

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.


TECHNICAL ASSISTANCE NEEDED

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.



DOCUMENT USE/COPYRIGHT
National Network for Child Care - NNCC. Part of CYFERNET, the National Extension Service Children Youth and Family Educational Research Network. Permission is granted to reproduce these materials in whole or in part for educational purposes only(not for profit beyond the cost of reproduction) provided that the author and Network receive acknowledgment and this notice is included:

Reprinted with permission from the National Network for Child Care - NNCC.
Beierlein, J. G., & Van Horn, J. E. (1991). Child care options for the
90s
. University Park, PA: Penn State University.


Any additions or changes to these materials must be preapproved by the author.

AVAILABLE FROM::
Agricultural Mail Room
Agricultural Administration Building
University Park, PA 16802
PHONE:: (814) 865-5486
FAX:: (814) 865-3103

COPYRIGHT PERMISSION ACCESS
James E. Van Horn
111 Armsby Building
University Park, PA 16802
PHONE:: (814) 865-0455
FAX:: (814) 865-3746
E-MAIL:: jvanhorn@psupen.psu.edu


FORMAT AVAILABLE:: Print - 41 pages
DOCUMENT REVIEW:: Level 2 - Penn State University
DOCUMENT SIZE:: 13K or 3 pages
ENTRY DATE:: June 1995

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