United States:
Considerations for the implementation of a parental leave directive
17th August 2021
McLane Middleton, professional association
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Q: Our New Hampshire company is planning to introduce a parental leave policy. What do we have to consider to start with?
ON: The following are some of the many considerations to keep in mind when planning a parental leave scheme.
You need to decide how much vacation will be granted and whether the vacation will be paid for in whole or in part. You also need to decide which employees are entitled to vacation. For example, are only full-time employees eligible? Do employees have to have a certain length of service in the company before they are eligible?
If your company has employees who are entitled to family and sick leave (FMLA) leave, it should be kept in mind that those employees are entitled to 12 weeks of unpaid, job-protected leave that can be used for parental retention. If you have FMLA-qualified employees, your company can still offer parental leave, but you must decide how the company leave will interact with the FMLA leave and you must adhere to the provisions that apply to any parental leave leave that comes with the FMLA. Vacation coincides. If your company does not have FMLA-qualified employees, you have more flexibility in deciding the amount of vacation and the design of the policy.
If you have employees in other states, determine whether they are eligible for parental leave under the laws of those states. If so, you need to decide how the vacation granted by the company interacts with these laws and understand the company’s obligations therein.
If unpaid parental leave is granted, you should check whether employees are obliged or entitled to take vacation, sickness or other paid time off while they are on leave.
If the company offers parental leave, this must be granted to all eligible employees regardless of gender or gender. While the company cannot give female workers more parental leave than male workers, it could recognize the physical strain of childbirth by offering medical leave that can be used for pregnancy and childbirth, among other medical reasons.
A parental leave policy is one of the most complex policies an employer can create. Employers should consult an experienced employment advisor when drafting an employment contract to ensure that they cover all issues to be addressed and that they comply with applicable law.
Laura Kahl is a lawyer with the McLane Middleton Woburn office and admitted to the Massachusetts bar.
Published in Union Leader (08/05/2021)
The content of this article is intended to provide general guidance on the subject. Expert advice should be sought regarding your specific circumstances.
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