{"id":95458,"date":"2024-08-13T00:00:00","date_gmt":"2024-08-13T00:00:00","guid":{"rendered":"https:\/\/www.care.com\/c\/?p=95458"},"modified":"2025-04-27T02:46:19","modified_gmt":"2025-04-27T02:46:19","slug":"what-is-parental-leave","status":"publish","type":"post","link":"https:\/\/www.care.com\/c\/what-is-parental-leave\/","title":{"rendered":"Parental leave: The basics you need to know"},"content":{"rendered":"<p>As if preparing for a new baby wasn&rsquo;t stressful enough, parents-to-be are also tasked with trying to figure out their <a href=\"https:\/\/www.care.com\/c\/companies-are-cutting-paid-family-leave\/\">parental leave<\/a>. Does their company provide it? How long can they take? Will they be paid while they&rsquo;re out?<\/p><p>Unfortunately, in the U.S., there&rsquo;s not a cut and dried answer since there&rsquo;s no federal maternity or paternity leave law. While progress has been made in the past few decades, much of a person&rsquo;s parental leave depends on factors like where they live and their company.<\/p><p>&ldquo;There really aren&rsquo;t any simple answers when it comes to questions about parental leave,&rdquo; says Ruth Martin, senior vice president and chief justice workplace officer at <a href=\"https:\/\/www.momsrising.org\/\">MomsRising<\/a>. &ldquo;A lot of it is luck &mdash; if you&rsquo;re lucky to live in one of 13 states that have made parental leave mandatory or if you have a good employer.&rdquo;&nbsp;<\/p><p>From how much time you get to whether or not you get paid, here&rsquo;s a breakdown of what you can expect when it comes to parental leave.&nbsp;&nbsp;<\/p><figure class=\"wp-block-pullquote\"><blockquote><p>&ldquo;A lot of parents use their parental leave to establish a breastfeeding schedule, settle, recover and line up child care.&rdquo;<\/p><cite>&mdash; Ruth Martin, senior vice president, MomsRising<\/cite><\/blockquote><\/figure><h2 class=\"wp-block-heading\" id=\"h-what-is-paternity-leave\">What is paternity leave?<\/h2><p>Parental leave, sometimes referred to as maternity or paternity leave, is &ldquo;time away from work to welcome a new child into your home, regardless of how &mdash; birth, adoption or foster,&rdquo; explains Martin. This time, Martin continues, is to help your family adjust to a new child, bond and\/or recover from birth.<\/p><p>&ldquo;A lot of parents use their parental leave to establish a breastfeeding schedule, settle, recover and line up child care.&rdquo;<\/p><h2 class=\"wp-block-heading\" id=\"h-how-long-is-parental-leave\">How long is parental leave?<\/h2><p>Here&rsquo;s where things get confusing. While you may have heard that 12 weeks is the national standard for <a href=\"https:\/\/www.care.com\/c\/the-family-and-caregiver-laws-and-policies-yo\/\">parental leave<\/a>, that doesn&rsquo;t necessarily apply to everyone (which, yes, is demoralizing). To find out exactly how much time you get personally &mdash; could be more, could be less &mdash; you&rsquo;re going to have to do a little digging (more on where to dig below), but here&rsquo;s some insight.&nbsp;<\/p><p>The <a href=\"https:\/\/www.dol.gov\/agencies\/whd\/fmla\">Family Medical Leave Act<\/a> (FMLA), which was passed in 1993, provides up to 12 weeks of unpaid, job-protected time off of work after the welcoming of a new child. &ldquo;However, there are certain criteria you and your company need to meet for these 12 weeks to be guaranteed,&rdquo; says Martin.&nbsp;<\/p><p>According to the <a href=\"https:\/\/www.dol.gov\/general\/topic\/benefits-leave\/fmla\">U.S. Department of Labor<\/a> (DOL), employees are eligible for FMLA if:<\/p><ul class=\"wp-block-list\"><li>They have worked for their employer for at least 12 months.<\/li><li>They&rsquo;ve worked at least 1,250 hours over the past 12 months.<\/li><li>Their company employs 50 or more employees within 75 miles.&nbsp;<\/li><\/ul><p>Martin also notes that FMLA can sometimes be used for time taken off during pregnancy (for instance, if you&rsquo;re on bed rest). However, that time will then be deducted from your 12 weeks post-birth.&nbsp;<\/p><p>Again, though, keep in mind that this is just a general picture. Not all states or employers have stuck with the bare minimum FMLA model. In <a href=\"https:\/\/www.dli.mn.gov\/sites\/default\/files\/pdf\/parental_leave.pdf\">Minnesota<\/a>, unpaid job protection is guaranteed for employees with companies that have at least 21 employees, as opposed to 50.<\/p><p>And Netflix&rsquo;s maternity and <a href=\"https:\/\/www.care.com\/business\/30-companies-with-great-paternity-leave\/\">paternity leave<\/a> policy reportedly guarantees employees one year of job protected time off &mdash; <em>and it&rsquo;s fully paid.<\/em>&nbsp;<\/p><h2 class=\"wp-block-heading\" id=\"h-is-paternity-leave-paid\">Is paternity leave paid?<\/h2><p>No, not always. While the FMLA guarantees job (and benefit) protection (for certain employees), only certain states (and the District of Columbia) have implemented paid parental leave laws.<\/p><p>The following states\/districts currently offer <a href=\"https:\/\/bipartisanpolicy.org\/explainer\/state-paid-family-leave-laws-across-the-u-s\/#:~:text=T%20hirteen%20states%20and%20the,enacted%20laws%20not%20yet%20in\">paid leave<\/a>:<\/p><ul class=\"wp-block-list\"><li>California<\/li><li>Connecticut<\/li><li>District of Columbia&nbsp;<\/li><li>Massachusetts<\/li><li>New Jersey<\/li><li>New York<\/li><li>Rhode Island<\/li><li>Virginia<\/li><li>Washington<\/li><\/ul><p>The following states have enacted paid leave laws not currently in effect:<\/p><ul class=\"wp-block-list\"><li>Colorado<\/li><li>Delaware<\/li><li>Maryland<\/li><li>New Hampshire<\/li><li>Oregon<\/li><\/ul><p>These states all offer (or will soon offer) paid leave, however, that doesn&rsquo;t necessarily translate to full pay. &ldquo;No state offers 100% wage replacement,&rdquo; Martin explains, adding that some use a &ldquo;progressive wage replacement tool.&rdquo;&nbsp;<\/p><p>&ldquo;This means that lower income folks get a higher percentage of their wage during their time off, while higher income families get less,&rdquo; she explains. The alternative is a <a href=\"https:\/\/www.americanprogress.org\/article\/the-state-of-paid-family-and-medical-leave-in-the-u-s-in-2023\/\">flat rate<\/a>, where all employees receive the same percentage of their income.<\/p><p>That said, while states don&rsquo;t guarantee 100% pay, that&rsquo;s not to say your employer does not (seeing a theme here?). The only way to find out exactly what you&rsquo;ll get paid if you live in one of the states above (or even if you don&rsquo;t!) is to speak with your human resources department. But, Martin notes, &ldquo;do some digging ahead of time,&rdquo; so you&rsquo;re not going in blind.&nbsp;<\/p><p>If you live in one of the states with guaranteed paid leave, check out the <a href=\"https:\/\/bipartisanpolicy.org\/explainer\/state-paid-family-leave-laws-across-the-u-s\/#:~:text=T%20hirteen%20states%20and%20the,enacted%20laws%20not%20yet%20in\">Bipartisan Policy Center&rsquo;s chart<\/a> that breaks down a number of things, including your potential payroll deduction rate.&nbsp;<\/p><h2 class=\"wp-block-heading\" id=\"h-can-parental-leave-be-extended\">Can parental leave be extended?<\/h2><p>There are ways to extend your parental leave, depending on your particular benefits, how long you&rsquo;ve been at your company and how many days of paid time off (PTO) you&rsquo;ve accrued. A few ways parents sometimes extend their leave is by using:<\/p><ul class=\"wp-block-list\"><li>Vacation days<\/li><li>Sick days<\/li><li>Personal days&nbsp;<\/li><\/ul><p>Another potential option is to use short-term disability insurance (STD), which can cover between half and all of your salary for an allotted period of time after welcoming a child. Again, though, each state and company have different rules in regards to this; and it&rsquo;s worth noting that the technical purpose of FMLA is to protect your job, while the purpose of STD is to guarantee you pay.<\/p><p>In New York, new parents can use both <a href=\"https:\/\/paidfamilyleave.ny.gov\/paid-family-leave-and-other-benefits#:~:text=If%20an%20employee%20plans%20to,from%20the%20employee%20and%20employer.\">FMLA and STD<\/a>, if approved, but not at the same time.<\/p><figure class=\"wp-block-pullquote\"><blockquote><p>&ldquo;Parenting pressures don&rsquo;t get any easier after that newborn phase, so employees really need to think about how they can advocate for their needs beyond that initial sprint.&rdquo;<\/p><cite>&mdash; Lauren Hobbs, chief marketing officer for Vivvi<\/cite><\/blockquote><\/figure><h2 class=\"wp-block-heading\" id=\"h-does-parental-leave-fmla-need-to-be-taken-in-one-chunk\">Does parental leave (FMLA) need to be taken in one chunk?<\/h2><p>No! &ldquo;FMLA does not have to be taken in a chunk; it can be used episodically,&rdquo; Martin says. &ldquo;But there is a minimum increment.&rdquo;&nbsp;<\/p><p>According to the <a href=\"https:\/\/www.dol.gov\/agencies\/whd\/fact-sheets\/28i-fmla-leave-calculation#:~:text=FMLA%20leave%20may%20be%20taken,no%20more%20than%20one%20hour.\">DOL<\/a>: &ldquo;FMLA leave may be taken in periods of whole weeks, single days, hours and, in some cases, even less than an hour.&rdquo; Ask your employer what their increments are for FMLA.<\/p><p>Also important to know: When using <a href=\"https:\/\/www.dol.gov\/agencies\/whd\/fact-sheets\/28q-taking-leave-for-birth-placement-child#:~:text=Eligible%20employees%20may%20use%20FMLA,each%20new%20FMLA%20leave%20year.\">FMLA as parental leave<\/a>, it must be used within a year of the baby&rsquo;s birth or placement.&nbsp;<\/p><p>However, as Lauren Hobbs, chief marketing officer of New York City child care center <a href=\"https:\/\/vivvi.com\/\">Vivvi<\/a>, notes, while initial parental leave is a critical benefit, &ldquo;it only addresses a very limited phase of parenting.&rdquo;&nbsp;<\/p><p>&ldquo;Parenting pressures don&rsquo;t get any easier after that newborn phase, so employees really need to think about how they can advocate for their needs beyond that initial sprint,&rdquo; she says. &ldquo;Find out what your company offers in terms of transitioning back to work, and beyond that, flexibility, manager support and child care benefits. A truly supportive workplace should address the evolving needs for the marathon that ensues after parental leave.&rdquo;<\/p><p>In other words: Figure out what works best for your changing life and your family and ask for it. While you may not get a Netflix-style parental leave, consider inquiring, for instance, about working from home.<\/p><h2 class=\"wp-block-heading\" id=\"h-paternity-leave-resources\">Paternity leave resources<\/h2><p>Figuring out the specifics of parental leave can feel overwhelming, so consider these resources before speaking with your HR department and determining what may work best:<\/p><ul class=\"wp-block-list\"><li><a href=\"https:\/\/www.dol.gov\/agencies\/whd\/contact\/local-offices\"><strong>Department of Labor&rsquo;s local offices<\/strong><\/a>. A list of state offices that will provide insight on your parental leave laws.&nbsp;<\/li><li><a href=\"https:\/\/www.abetterbalance.org\/resources\/paid-family-leave-laws-chart\/\"><strong>A Better Balance<\/strong><\/a>. Offers an in-depth chart of leave laws in each state.<\/li><li><a href=\"https:\/\/www.momsrising.org\/campaigns\/paid-family-medical-leave\"><strong>MomsRising<\/strong><\/a>. Paid leave fact sheet, along with links for taking action.&nbsp;<\/li><\/ul><h2 class=\"wp-block-heading\" id=\"h-a-final-note-nbsp\">A final note<strong>&nbsp;<\/strong><\/h2><p>Some facts about parental leave in the U.S. feel very bleak. &ldquo;One in four women <a href=\"https:\/\/inthesetimes.com\/article\/the-real-war-on-families\">go back to work<\/a> within two weeks of giving birth,&rdquo; says Martin. But things are moving in the right direction.&nbsp;<\/p><p>&ldquo;There&rsquo;s been a cultural shift in the last few years and pressure is being put on elected officials,&rdquo; notes Martin, adding that we&rsquo;re &ldquo;really close to getting <a href=\"https:\/\/www.journalofaccountancy.com\/news\/2021\/nov\/house-passes-build-back-better-act-universal-paid-leave.html\">four weeks paid leave<\/a> in the reconciliation package.&rdquo;&nbsp;<\/p><p>&ldquo;We will get it across the finish line,&rdquo; she adds. &ldquo;I firmly believe that we&rsquo;re on the precipice of getting paid leave in this country. We&rsquo;re going to get to a place where we have some paid leave as a nationwide standard &mdash; and we&rsquo;re going to get it done by talking about it more.&rdquo;<\/p>","protected":false},"excerpt":{"rendered":"<p>How does parental leave work? From how much time you get to whether or not you get paid, here\u2019s a breakdown of what you can expect when it comes to parental leave.<\/p>\n","protected":false},"author":1273,"featured_media":95471,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"enable_toc":false,"care_reviewed_by":0,"care_post_updated_flag":false,"care_updated_date":"2024-08-13 00:00:00","last_update":"2024-08-13","view_count":490,"footnotes":""},"categories":[1],"tags":[1106,1127],"member-type":[3],"vertical":[6,17],"platform":[2],"class_list":["post-95458","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-parental-leave","tag-work-life-balance","member-type-seeker","vertical-children","vertical-child-care-advice","platform-resources"],"acf":[],"created":null,"_links":{"self":[{"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/posts\/95458","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/users\/1273"}],"replies":[{"embeddable":true,"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/comments?post=95458"}],"version-history":[{"count":7,"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/posts\/95458\/revisions"}],"predecessor-version":[{"id":217001,"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/posts\/95458\/revisions\/217001"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/media\/95471"}],"wp:attachment":[{"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/media?parent=95458"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/categories?post=95458"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/tags?post=95458"},{"taxonomy":"member-type","embeddable":true,"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/member-type?post=95458"},{"taxonomy":"vertical","embeddable":true,"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/vertical?post=95458"},{"taxonomy":"platform","embeddable":true,"href":"https:\/\/www.care.com\/c\/wp-json\/wp\/v2\/platform?post=95458"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}